PILON v. STATE

No. 4D08-803.

20 So.3d 992 (2009)

Alain J. PILON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


LEVINE, J.

The issue presented is whether an evidentiary error in a restitution hearing may be preserved for appeal by raising it for the first time in a motion to correct a sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b). We hold that it may not and that a contemporaneous objection is required.

Pilon was convicted of first degree arson and cruelty to animals and ordered to pay $15,000 in restitution. There was no separate restitution...

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