Weiglev.State

District Court of Appeal of Florida, Fifth DistrictSep 12, 1996
679 So. 2d 79 (Fla. Dist. Ct. App. 1996)

No. 95-2490.

September 12, 1996.

Appeal from the Circuit Court for St. Johns County; Robert K. Mathis, Judge.

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.


We affirm the judgment and sentence. We vacate the order of restitution because proper notice and an opportunity to be heard were not given. The case is remanded for a proper restitution hearing.

JUDGMENT AFFIRMED; ORDER VACATED, REMANDED.

PETERSON, C.J., and DAUKSCH and ANTOON, JJ., concur.