HILLMAN v. STATE

No. 93-1677.

636 So.2d 181 (1994)

Kenny Layne HILLMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 29, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.


W. SHARP, Judge.

Hillman appeals a special condition of his three-year probationary sentence, after he pled nolo contendere to burglary of a structure.1 Hillman argues the trial court erred in setting a provision which requires restitution to be payable at a rate determined by his probation officer. We reverse because this court has held that it is improper for anyone other than a judge to set a payment schedule for amounts owed in restitution...

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