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BOSS v. STATE

No. 92-1045.

613 So.2d 525 (1993)

Robert W. BOSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 22, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The issue posed by this appeal is whether the trial court could properly order the payment of immediate1 restitution from an indigent defendant who has no immediate ability to pay. The answer is no. See Leyba v. State, 520 So.2d 705 (Fla. 5th DCA 1988).

Based on the defendant's potential future financial resources, the trial court could have required such restitution within...

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