STATE v. HITCHMON

No. 95-2064.

678 So.2d 460 (1996)

STATE of Florida, Appellant, v. John Edmond HITCHMON, Sr., Appellee.

District Court of Appeal of Florida, Third District.

August 14, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellant.

Alexander O. Akpodiete, Miami, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.


COPE, Judge.

The state appeals an order striking restitution as a condition of probation. We reverse.

Defendant-appellee John Edmond Hitchmon, Sr. entered into a plea agreement whereby he pled nolo contendere to the offense of dealing in stolen property. The agreed penalty was ten years probation plus restitution in an amount to be set by the trial court, with a cap of $96,000. Defendant commenced serving his term of probation. Subsequently the trial court...

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