STOKES v. STATE

No. 79-560.

377 So.2d 766 (1979)

Donald W. STOKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 30, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and David A. Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, and G.P. Waldbart, Legal Intern, for appellee.


PER CURIAM.

This is an appeal from an order of probation. Appellant contends that the trial court's imposition of restitution as a condition of probation was improper because he was not given prior notice of the proposed restitution order and was not accorded the opportunity to be heard as to the amount of damage caused by his criminal conduct. We agree.

Appellant was given no notice that a restitution condition would be imposed. Rather, the condition was...

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