ABT v. STATE

Full title: ALAN ANDREW ABT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 31, 1991

581 So. 2d 1001 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3068.

July 3, 1991. Certification and Rehearing July 31, 1991.

Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions and sentence except for that part of the sentence that imposes restitution. We hold that the imposition of restitution for the first time on remand constituted a prohibited enhanced sentence. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969); see also Morganti v. State, 573 So.2d 820 (Fla. 1991). We reverse the imposition of restitution and remand with instructions for the trial court vacate that part of the sentence. In all other respects the judgment is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

LETTS, GLICKSTEIN and DELL, JJ., concur.