PAMELA WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that restitution for lost rental receipts is permissible, but the amount cannot exceed the actual damage caused by the crime, requiring a reduction for payments already made.
Wilson rented a television, made some payments, then took the TV without a forwarding address and stopped paying. She pleaded nolo contendere to grand…
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PER CURIAM.
Wilson appeals a final order of probation ordering payment of $930.00 as restitution for the rental value of a television set. Wilson entered into a rental agreement to pay $930.00 in regular rental payments to Curtis Mathes Home Entertaining Center. She made nine regular payments, then moved, leaving no forwarding address, taking the television set, and making no further payments. Following a plea of nolo contendere to the charge of grand theft, Wilson was placed on probation and ordered to pay $930.00 restitution.
Wilson argues that the $930.00 restitution improperly exceeds the damage caused, citing Fresneda v. State, 347 So. 2d 1021 (Fla.1977). The State concedes that the payments Wilson made should be considered in determining the amount of restitution.
“[A] condition of probation requiring a probationer to pay money to, and for the benefit of, the victim of his crime cannot require payment in excess of damage the criminal conduct caused the victim.” Fresneda, at 1022. Wilson’s theft of the rented television caused Curtis Mathes to lose the rental receipts it would have received under the rental agreement. Restitution for these lost receipts would be a permissible condition of probation within the scope of Fresneda. However, the restitution or condition of probation cannot exceed the damage caused, therefore, the $930.00 should be reduced by the amount of the regular payments made by Wilson.
Accordingly, the trial court’s order is affirmed insofar as it imposes the condition of payment of damages caused. The ordered amount of $930.00 is reversed and this cause is remanded for redetermination of the amount of payment in light of Fresneda.
BOOTH, SHIVERS and JOANOS, JJ., concur.
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Morel v. State, 547 So. 2d 341 (Fla. 2d DCA 1989)…er to pay money to, and for the benefit of, .the victim of his crime cannot, however, require payment in excess of the amount of damages the criminal conduct caused the victim. Fresneda v. State, 347 So. 2d 1021 (Fla.1977). See also Wilson v. State, 452 So. 2d 84 (Fla. 1st DCA 1984). If the parties cannot agree on the amount of the victims’ damages, as in this case, the court must resolve the dispute, and the burden of demonstrating such loss by a preponderance of the evidence is on the state. § 775.089(7),…
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Norman v. State, 468 So. 2d 1063 (Fla. 1st DCA 1985)…of probation requiring a probationer to pay money to, and for the benefit of, the victim of his crime cannot require payment in excess of the amount of damage the criminal conduct caused the victim.” Fresneda at 1022 (e.s.). Accord Wilson v. State, 452 So. 2d 84 (Fla. 1st DCA 1984) (restitution cannot exceed the damage caused). Here, the victim was damaged to the extent of the value of his used parts. It was only because of its insurance contract that it was paid in excess of that amount. While it may be sa…1 / 2
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Garrison v. State, 553 So. 2d 1377 (Fla. 2d DCA 1989)…depreciated. Prior case law establishes that a victim can receive lost future lease payments as restitution for the theft of a leased television set, instead of receiving the set’s reduced replacement cost as a used television set. Wilson v. State, 452 So. 2d 84 (Fla. 1st DCA), review denied, 461 So. 2d 116 (Fla.1984). Likewise, a victim should be entitled to prove that the stolen inventory had a greater value than merely its replacement cost, In this case, the state even established that the defendant was…
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- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)