From Casetext: Smarter Legal Research

Godfrey v. State

District Court of Appeal of Florida, Third District
May 12, 1987
506 So. 2d 1158 (Fla. Dist. Ct. App. 1987)

Opinion

No. 85-1849.

May 12, 1987.

An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN, and JORGENSON, JJ.


We reverse the order of the trial court requiring restitution since it is apparent from the record that restitution was not contemplated by the plea agreement. See G.H. v. State, 414 So.2d 1135, 1137 (Fla. 1st DCA 1982); see also Pollock v. Bryson, 450 So.2d 1183 (Fla. 2d DCA 1984) (where plea agreement contemplated the restitution ordered, defendant is estopped from raising alleged illegality of the condition); Dent v. State, 432 So.2d 163 (Fla. 4th DCA 1983) (same).

Reversed.


Summaries of

Godfrey v. State

District Court of Appeal of Florida, Third District
May 12, 1987
506 So. 2d 1158 (Fla. Dist. Ct. App. 1987)
Case details for

Godfrey v. State

Case Details

Full title:THOMAS GODFREY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 12, 1987

Citations

506 So. 2d 1158 (Fla. Dist. Ct. App. 1987)

Citing Cases

Blasco v. State

However, this safeguard is not available if the order to make restitution resulted from a negotiated plea…