BUTTS v. STATE

No. 90-1548.

575 So.2d 1379 (1991)

Thomas BUTTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 14, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

The appellant, Thomas Butts, has alleged on appeal that the imposition of restitution, without a concomitant determination of ability to pay, was reversible error. In the past, this court has held that section 775.089(6), Florida Statutes (1989), requires a sentencing judge to determine a defendant's ability to pay prior to ordering a defendant to make restitution. Leyba v. State, 520 So.2d 705 (Fla. 5th DCA...

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