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McLaughlin v. State
Citations: 573 So. 2d 419; 1991 WL 6305Docket: 89-02736
Court: District Court of Appeal of Florida; January 24, 1991; Florida; State Appellate Court
Gary McLaughlin, the appellant, challenged an increase in the restitution amount mandated by the trial court following his guilty plea to aggravated battery and false imprisonment. Initially, during the April 1989 sentencing hearing, he was placed on two years of community control and ordered to pay $2,656 in restitution. However, at a subsequent hearing in August 1989, the prosecutor submitted additional repair bills for the victim's home, leading the trial judge to increase McLaughlin's restitution by $800.43. The appellant contested this increase, arguing that the trial court lacked jurisdiction to impose it due to Florida Rule of Criminal Procedure 3.800(b), which restricts modifications of legal sentences to within sixty days of their imposition. Since the increase occurred after this period, the appellate court agreed with McLaughlin, emphasizing that the original order did not specify a restitution amount beyond the initial $2,656. Consequently, the court reversed the trial court's decision and remanded the case for the issuance of an amended order that aligns with the original restitution pronouncement. Judges Danahy and Threadgill concurred with the decision.