District Court of Appeal of Florida May 14, 2010, 2D09-516 (Casciola v. State)

MORRIS, Judge.

Phillip Casciola appeals an order wherein the trial court — as an extension of its denial of Mr. Casciola’s motion to mitigate sentence — refused to return a $90,000 check that Mr. Casciola tendered at the hearing on the motion to mitigate sentence. The check was presented to the court as a partial payment on previously ordered restitution owed to victims in this case.