JAMES PATRICK WELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES PATRICK WELLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 1014
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
WOLF, Judge.
Appellant appeals an order requiring him to make restitution for hand tools allegedly stolen. In a restitution hearing, the state has the -burden of proof, by the preponderance of evidence, as to the amount of loss sustained by a victim as a result of the offense. § 775.089(7), Fla.Stat. (1989). The appellant admitted to stealing the power tools, but denied stealing the hand tools. The state in this case concedes that the prosecutor failed to carry his burden in demonstrating the amount of loss as to the hand tools.
This case is, thus, remanded to the trial court with instructions that the order be modified to reflect only the value of the power tools that were stolen.
SMITH and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wagner v. State, 578 So. 2d 56 (Fla. 1st DCA 1991)…ee points on this appeal. Wagner’s first point contends that the 1988 and 1989 versions of the habitual felony offender statute, section 775.084, Florida Statutes, are unconstitutional. We reject this argument on the authority of Steiner v. State, 573 So. 2d 1014 (Fla. 1st DCA 1991). See also King v. State, 557 So. 2d 899, 903 (Fla. 5th DCA 1990), rev. denied, 564 So. 2d 1086 (Fla.1990) (“Habitual offender statutes were constitutional prior to the advent of the amendment which required a finding that the enh…
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Edwards v. State, 576 So. 2d 924 (Fla. 1st DCA 1991)…PER CURIAM. AFFIRMED. Steiner v. State, 573 So. 2d 1014 (Fla. 1st DCA 1991); King v. State, 557 So. 2d 899 (Fla. 5th DCA), rev. denied, 564 So. 2d 1086 (Fla.1990). BOOTH, ZEHMER and WOLF, JJ., concur.…
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Razz v. State, 599 So. 2d 224 (Fla. 1st DCA 1992)…titutional challenge to section 775.084, Florida Statutes (1989), we adhere to previous decisions upholding that version of the statute against similar broad challenges. See e.g., Wagner v. State, 578 So. 2d 56 (Fla. 1st DCA 1991); Steiner v. State, 573 So. 2d 1014 (Fla. 1st DCA 1991). Cf. Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990); Barber v. State, 564 So. 2d 1169 (Fla. 1st DCA), rev. denied, 576 So. 2d 284 (Fla.1990). Consistent, with the supreme court’s mandate, and this court’s decision herein, ap…