Bain v. State, 655 So. 2d 1321 (Fla. 3d DCA 1995). · Go Syfert
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Bain v. State, 655 So. 2d 1321 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Schotsch v. State (fladistctapp, 1996-03-13)
Top citers, strongest first. 1 distinct citer.
cited Cited "see" Schotsch v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Bain v. State, 655 So.2d 1321 (Fla. 3d DCA 1995); Bolling v. State, 631 So.2d 310 (Fla. 5th DCA 1994); Abbott v. State, 543 So.2d 411 (Fla. 1st DCA 1989).
Herman BAIN
v.
The STATE of Florida
No. 94-2176.
District Court of Appeal of Florida, Third District.
Jun 14, 1995.
655 So. 2d 1321
Bennett H. Brummer, Public Defender and Robert Friedman, Special Asst. Public Defender, for appellant., Robert A. Butterworth, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen. and Jack Reise, Certified Legal Intern, for appellee.
Barkdull, Gersten, Schwartz.
Cited by 1 opinion  |  Published
PER CURIAM.

The only issue on this appeal from a manslaughter conviction claims error in the amount the defendant was ordered to pay in restitution for the victim’s funeral expenses. Although he claims that the trial judge erroneously failed to consider his alleged lack of financial resources as required under section 775.089(6), Fla.Stat. (1993),[1] the record shows that the issue was not appropriately asserted below because Bain neither properly objected to the ruling nor provided actual evidence of his inability to pay. See Anderson v. State, 649 So.2d 890 (Fla. 2d DCA 1995); Moore v. State, 623 So.2d 842 (Fla. 5th DCA 1993); Brooks v. State, 605 So.2d 522 (Fla. 4th DCA 1992); Oropesa v. State, 555 So.2d 389 (Fla. 3d DCA 1989), review denied, 562 So.2d 346 (Fla.1990).

Affirmed.

1

The 1995 legislature has amended § 775.089(6) to provide that the defendant's ability to pay is to be considered only when there is an attempt to enforce the restitution order. 1995 Fla.Sess.Law Serv. Ch. 95-160 (H.B. 239) (West),