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Buchanan v. State

District Court of Appeal of Florida, Second District
Feb 21, 1986
483 So. 2d 537 (Fla. Dist. Ct. App. 1986)

Opinion

No. 84-1702.

February 21, 1986.

Appeal from the Circuit Court, Pinellas County, Maynard F. Swanson, J.

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Shirley G. Buchanan, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


Appellant appeals the judgment and sentences she received for thirteen criminal offenses. A brief has been filed by appellant's counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh'g denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), and appellant has filed a supplemental brief. After a thorough review of the record and briefs, we find no reversible error.

However, we do find error in appellant's probation orders in cases 83-8980, 83-8981, 83-8982, 83-9155, 83-9156, 83-9157, 83-9159, 84-770, 84-1013, and 84-3428, wherein restitution in an amount to be determined by appellant's probation officer is listed as a condition of probation. The determination of the amount of restitution is a judicial responsibility which cannot be delegated to a probation officer. Fletcher v. State, 405 So.2d 748 (Fla. 2d DCA 1981).

Accordingly, we remand the cases cited above with directions to the trial court to delete those portions of the probation orders stating that restitution shall be determined by the probation officer.

CAMPBELL, A.C.J., and FRANK, J., concur.


Summaries of

Buchanan v. State

District Court of Appeal of Florida, Second District
Feb 21, 1986
483 So. 2d 537 (Fla. Dist. Ct. App. 1986)
Case details for

Buchanan v. State

Case Details

Full title:SHIRLEY G. BUCHANAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 21, 1986

Citations

483 So. 2d 537 (Fla. Dist. Ct. App. 1986)

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