DANIEL CHRISTENSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed restitution order requiring defendant to pay hospital and doctor bills of deceased victim resulting from criminal assault, holding that trial court had statutory authority under Fla. Stat. § 775.089(1)(a) to order such restitution without requiring probate estate proceedings.
A trial court has authority under Fla. Stat. § 775.089(1)(a) to order a defendant convicted of assault resulting in death to pay the victim's hospital and doctor bills directly to creditors without requiring probate estate proceedings.
[1] Restitution for medical expenses caused by criminal assault may be ordered directly to creditors without requiring establishment of probate estate, as the victim's estate…
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Join FLexlaw to unlock all legal intelligence“all of the aforesaid medical expenses incurred were caused either "directly or indirectly by the defendant's offense," § 775.089(l)(a), Fla.Stat. (1989), and would never have been incurred but for the defendant's criminal conduct”
Court explaining why defendant remains liable for all medical expenses including those from delayed surgery
Daniel Christenson was convicted of a physical assault against a deceased victim. The trial court ordered Christenson to pay the hospital and doctor b…
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PER CURIAM.
The final order of restitution under review is affirmed upon a holding that the trial court had the authority under Section 775.089(l)(a), Florida Statutes (1989), to order the defendant Daniel Christenson to pay the hospital and doctor bills incurred by the deceased as a result of a physical assault committed by the defendant against the deceased that led to the deceased's death and for which the defendant was criminally convicted.
The trial court properly required the defendant to pay the deceased’s hospital and doctor bills directly to the creditor hospital and doctor involved herein. It was not necessary, as urged, that the formality of a probate estate of the deceased be set up prior to ordering the above restitution, as the subject bills were incurred by the deceased as a result of the subject criminal assault, and, accordingly, the deceased’s estate, when set up, is indisputably liable therefor. See Ballance v. State, 447 So. 2d 974 (Fla. 1st DCA 1984).
Moreover, the fact that the deceased delayed needed surgery for the physical injuries which he sustained, as a result of the defendant’s physical beating, which delay may have led to additional medical complications and expenses does not, as urged, absolve the defendant from the subject increased expenses. This is so because all of the aforesaid medical expenses incurred were caused either “directly or indirectly by the defendant’s offense,” § 775.089(l)(a), Fla.Stat. (1989), and would never have been incurred but for the defendant’s criminal conduct. See State v. Williams, 520 So. 2d 276 (Fla.1988).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Williams, 520 So. 2d 276 (Fla. 1988)
- Ballance v. State, 447 So. 2d 974 (Fla. 1st DCA 1984)