STATE v. BUTZ

No. 89-3206.

568 So.2d 537 (1990)

STATE of Florida, Appellant, v. George Franklin BUTZ, Appellee.

District Court of Appeal of Florida, Fourth District.

October 24, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogrs, Asst. Atty. Gen., West Palm Beach, for appellant.

Bruce A. Zimet of Bruce A. Zimet, P.A., Fort Lauderdale, for appellee.


POLEN, Judge.

The state timely seeks review of the trial court's denial, on the grounds of lack of jurisdiction, of the state's post-trial and post-sentencing hearing, rule 3.800 motion requesting the imposition of restitution. We affirm.

After a jury convicted Butz of aggravated battery and trespassing, the trial court sentenced him to a term of four and one-half years incarceration. Although the court file contained a victim impact statement showing doctor...

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