Wombles v. State

OTT, Judge.

A jury found appellant guilty of welfare fraud. At the sentencing hearing the trial judge imposed restitution as one of the conditions of probation. We find that restitution was imposed in violation of the notice and opportunity to be heard requirements of Fresneda v. State, 347 So.2d 1021 (Fla.1977) and this court’s decisions in DiOrio v. State, 359 So.2d 45 (Fla. 2d DCA 1978) and Latti v. State, 364 So.2d 828 (Fla. 2d DCA 1978). See, also Kroenke v. State, 366 So.2d 46 (Fla. 2d DCA 1979).

*1154We hold that in the absence of record consent, waiver or estoppel the trial judge should…