Opinion
No. 97-04657.
Opinion filed July 21, 1999.
Appeal from the Circuit Court for Pasco County; Craig C. Villanti, Judge.
James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.
Joseph N. Sanchez appeals the restitution order entered upon a charge of dealing in stolen property. Within sixty days of his initial sentence, on August 20, 1996, the court set restitution in the amount of $12,600. No one appealed that order. On October 28, 1997, another circuit court judge held a second restitution hearing in the same case and awarded restitution of $14,125. We conclude that we must strike the second restitution order.See Davis v. State, 685 So.2d 1357 (Fla. 2d DCA 1996). On remand, the trial court is authorized to enter a restitution judgment based on the initial award of restitution.
ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.