Gomez v. State

Appellant seeks reversal of the trial court’s order requiring him to pay restitution. However, he did not object to the trial court’s order of restitution at the sentencing hearing. We affirm on the authority of Spivey v. State, 501 So.2d 698 (Fla. 2d DCA 1987). The court in Spivey held:

Prior to the 1984 amendment, section 775.089(1), Florida Statutes (1983) provided that the court might order restitution by a defendant “if the defendant is able or will be able to make restitution.” Section 775.089(6), Florida Statutes (1985) now provides that the court, in ordering restitution, shall…