Nieves v. State (1996)
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· 14 citation events
across 2 courts.
Showing the 6 strongest citers on record
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Roberts v. State (2018)
In these circumstances, we will permit the state to raise this issue”); Nieves v. State, 678 So. 2d 468, 470 (Fla. 5th DCA 1996) (observing: “The state argues that appellant waived any objection to the lack of documentation by failing to properly preserve the issue . . . but it appears from the record that the trial court may have interrupted a proper objection”).
observing: “The state argues that appellant waived any objection to the lack of documentation by failing to properly preserve the issue . . . but it appears from the record that the trial court may have interrupted a proper objection”
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Roberts v. State (2018)
In these circumstances, we will permit the state to raise this issue”); Nieves v. State, 678 So. 2d 468, 470 (Fla. 5th DCA 1996) (observing: “The state argues that appellant waived any objection to the lack of documentation by failing to properly preserve the issue . . . but it appears from the record that the trial court may have interrupted a proper objection”).
observing: “The state argues that appellant waived any objection to the lack of documentation by failing to properly preserve the issue . . . but it appears from the record that the trial court may have interrupted a proper objection”
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Del Valle v. State (2011)
See State v. Shields, 31 So.3d 281, 282 (Fla. 2d DCA 2010) ("[A]bility to pay the amounts ordered is a factor to be considered at the time of enforcement, not at imposition."); Owens v. State, 679 So.2d 44, 45 (Fla. 1st DCA 1996) ("[A] defendant's ability to pay is to be considered only when there is an attempt to enforce the restitution order."); Nieves v. State, 678 So.2d 468, 470 (Fla. 5th DCA 1996) ("[E]ffective May 8, 1995, section 775.089(6) was amended to provide that…
"[E]ffective May 8, 1995, section 775.089(6) was amended to provide that financial resources and ability to pay restitution shall be considered at the time of enforcement of a restitution order, rather than at the time restitution is ordered."
However, an issue may be preserved without a contemporaneous objection if “it appears from the record that the trial court may have interrupted a proper objection.” Nieves v. State, 678 So. 2d 468, 470 (Fla. 5th DCA 1996).
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Monti v. State (2000)
See A.G. v. State, 718 So.2d 854, 856 (Fla. 4th DCA 1998); Nieves v. State, 678 So.2d 468, 470 (Fla. 5th DCA 1996).
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State v. Banks (1998)
See Nieves v. State, 678 So.2d 468 (Fla. 5th DCA 1996).