Miller v. State

Appellant pled nolo contendere and on December 10, 1990, was adjudicated guilty of attempted first degree murder, armed burglary and attempted robbery with a firearm. The judgment of conviction provided that “restitution is not ordered as it is not applicable.” Nevertheless, on October 28, 1991, the trial court entered a judgment of $26,456 against appellant for restitution to reimburse the victim.

Appellant contends on appeal that entry of said order is reversible error because 1) the trial court lacked jurisdiction to impose restitution under the circumstances, State v. Butz, 568 So.2d 537…