Brinson v. State

Brinson appeals from his conviction and sentence for second degree murder and an order of restitution entered on the day of sentencing, requiring him to pay $1,570 as costs of the victim’s funeral, to the victim’s family. We affirm his conviction as having been obtained on the basis of sufficient evidence. However, the order of restitution cannot be sustained because the record fails to show that either Brinson or his attorney was given notice and an opportunity to be heard on the restitution order. See Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990); Fitzpatrick v. State, 553 So.2d 396…