Legal Opinion

Oliverio v. State

District Court of Appeal of Florida

Decided June 17, 1992No. 91-2774PublishedCited by 1 opinion

1Per curiam

We reverse an order granting restitution as the record reflects a failure to fully comply with the prior opinion in this case, Oliverio v. State, 583 So.2d 412 (Fla. 4th DCA 1991).

There, we reversed the restitution order as imposed without determining the factors in subsections 775.089(6) and (7), Florida Statutes. On remand, the issue of the defendant’s resources was not addressed. See Mounds v. State, 526 So.2d 1084 (Fla. 4th DCA 1988). We have considered Cheatham v. State, 593 So.2d 270 (Fla. 4th DCA 1992) but deem it inapposite, Additionally, on remand, notice of hearing is to be…

2Cases cited3 opinions

  1. Cheatham v. StateDistrict Court of Appeal of Florida · 1992
  2. Mounds v. StateDistrict Court of Appeal of Florida · 1988
  3. Oliverio v. StateDistrict Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. Barclay v. StateDistrict Court of Appeal of Florida · 1995

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