STATE OF FLORIDA, APPELLANT,

v.

DENNIS PRUSINSKY, APPELLEE

Citator

Cited By (18 total)

• State v. Hawthorne, 573 So. 2d 330 (Fla. 1991)
  …t it has consistently held that “the value of property at the time of the offense is the way of determining the amount of loss for inclusion in the restitution provision of a probation order.” Id. Relying upon its prior decisions in Abbott v. State, 543 So. 2d 411 (Fla. 1st DCA 1989), and Norman v. State, 468 So. 2d 1063 (Fla. 1st DCA), review denied, 479 So. 2d 118 (Fla.1985), the court stated that value at the time of the offense can be adduced either through direct testimony as to the fair market value or…
• Mansingh v. State, 588 So. 2d 636 (Fla. 1st DCA 1991)
  …oduction of evidence relating to all of the following four criteria: (1) the original cost, (2) the manner in which the items were used, (3) their general condition and quality, and (4) the percentage of depreciation. Id. at 332-33; Abbott v. State, 543 So. 2d 411, 412 (Fla. 1st DCA 1989). In the instant case, there are no circumstances tending to show that FMV would not adequately compensate the victim or serve the purpose of restitution. Thus, the amount of restitution should have been established based on…
• Domaceti v. State, 616 So. 2d 1148 (Fla. 4th DCA 1993)
  …oduction of evidence relating to all of the following four criteria: (1) the original cost, (2) the manner in which the items were used, (3) their general condition and quality, and (4) the percentage of depreciation. Id. at 332-33; Abbott v. State, 543 So. 2d 411, 412 (Fla. 1st DCA 1989). 588 So. 2d at 638. Here, there was no evidence of the fair market value of a used computer of the type stolen, but the victim testified that replacement cost of the computer was now less than half of the original cost, gi…

Authorities Cited

• South Dakota v. Opperman, 428 U.S. 364 (U.S. 1976)
• Sims Crane Serv., Inc. v. Am-Cal Constr. Co., 403 So. 2d 1307 (Fla. 1980)