Opinion
No. 92-01388.
May 14, 1993.
Appeal from the Circuit Court for Pasco County; Lynn Tepper, Judge.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.
Ms. Johnson appeals an order of restitution. We affirm the written order, but disapprove the trial court's oral delegation to the probation officer of the responsibility for determining a payment schedule. Casto v. State, 615 So.2d 792 (Fla. 5th DCA 1992); Smith v. State, 589 So.2d 387 (Fla. 1st DCA 1991). This court has acknowledged conflict with Smith in State v. Sanderson, 615 So.2d 275 (Fla. 2d DCA 1993); however, our conflict with Smith was based on other grounds.
Affirmed.
LEHAN, A.C.J., and PARKER and ALTENBERND, JJ., concur.