Patricia Anne Feldman v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 6, 2023
Docket2D2022-3265
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
PATRICIA ANNE FELDMAN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D22-3265
October 6, 2023
Appeal from the Circuit Court for Pinellas County; Chris Helinger, Judge.
Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr.,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Blain A. Goff,
Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
Patricia Anne Feldman appeals her judgment and sentence for one
count of failure to redeliver leased personal property under section
812.155(3), Florida Statutes (2021). Ms. Feldman raises two issues on
appeal: first, whether the trial court erred by denying her motion for a
judgment of acquittal; and second, whether the trial court erred by
imposing restitution without conducting a hearing. We affirm on the first
issue without further discussion. We find merit, however, on her second
issue. Appellant did not agree to an amount of restitution and asked the
trial court to hold a restitution hearing. The trial court was required to
do so. See, e.g., State v. Dixon, 308 So. 3d 1121, 1123 (Fla. 2d DCA
2020) (" '[D]ue process requires a formal hearing on the amount of
restitution,' and where a defendant objects to the amount of restitution
and requests a hearing, a trial court's failure to hold such a hearing
requires a reversal of the restitution order." (alteration in original)
(quoting Lewis v. State, 288 So. 3d 1232, 1235 (Fla. 2d DCA 2020)));
Barone v. State, 222 So. 3d 1235, 1236 (Fla. 5th DCA 2017) ("A trial
court should not enter a restitution order without a hearing absent an
agreement by the defendant."). Accordingly, we reverse and remand for
the trial court to hold a restitution hearing.
Affirmed in part; reversed in part; remanded.
KHOUZAM, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Opinion subject to revision prior to official publication.
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