RONALD ENNIS LOOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GRIFFIN, Judge.
Appellant seeks review of the restitution provision of a probation order entered upon a prosecution for attempted burglary of a conveyance. At issue was the value of damage to a tire owned by the victim. The state relied for its proof at the hearing on the presentence investigation, which valued the tire damage at $75. The defendant admitted the damage and advised the court that he would be “willing to pay twenty-five dollars, even though he's not really agreeing to that.”
The presentence investigation is competent evidence of valuation for purposes of a restitution order absent a bona fide objection to the valuation contained in the pre-sentence investigation report. Fleming v. State, 547 So. 2d 668 (Fla. 1st DCA 1989); Flanagan v. State, 536 So. 2d 275 (Fla. 2d DCA 1988) (a “bona fide objection” is some demonstration that the restitution amount in the PSI is improper). Cf. Bell v. State, 576 So. 2d 881 (Fla. 5th DCA 1991). In the present case, the defendant’s negotiations did not rise to the level of a “bona fide objection” requiring further proof of valuation from the state.
AFFIRMED.
‘ COWART and HARRIS, JJ., concur.
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Vanlieu v. State, 630 So. 2d 1218 (Fla. 5th DCA 1994)…f a crime. § 775.089(2)(e), Fla.Stat. (1991); Self v. State, 458 So. 2d 1222 (Fla. 1st DCA 1984). To establish the proper amount for such an award, a PSI may suffice, unless the defendant objects to the amount set forth in the report. Loos v. State, 585 So. 2d 1181 (Fla. 5th DCA 1991); Fleming v. State, 547 So. 2d 668 (Fla. 1st DCA 1989). However, if the defendant objects to the amount of the claim at the sentencing hearing, as occurred in this case, he is entitled to a hearing based on competent evidence to…
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Stocks v. State, 687 So. 2d 325 (Fla. 5th DCA 1997)…Winborn v. State, 625 So. 2d 977 (Fla. 2d DCA 1993). Because the appellant challenged the time estimates that were presented, the state had the further burden of presenting proof of the actual time spent in repairing the damages. See Loos v. State, 585 So. 2d 1181 (Fla. 5th DCA 1991). The restitution order is affirmed as to the costs of the headboard and mirror, $180.33, but remanded for a factual determination of the remaining costs including the actual time spent by the craftsmen and maids to repair the dam…
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Nettles v. State, 611 So. 2d 103 (Fla. 5th DCA 1992)…endant raises a timely, bona fide objection to a restitution valuation contained in the PSI, the defendant is entitled to a hearing and the state must present competent, admissible evidence of the loss or damage caused by the offense. Loos v. State, 585 So. 2d 1181 (Fla. 5th DCA 1991); Flanagan v. State, 536 So. 2d 275 (Fla. 2d DCA 1988). We reject the state’s contention on appeal that appellant’s agreement to make “full restitution” as part of the plea agreement precluded his objection to the amount. We rever…
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- Flanagan v. State, 536 So. 2d 275 (Fla. 2d DCA 1988)
- Fleming v. State, 547 So. 2d 668 (Fla. 1st DCA 1989)
- Earnest Bell v. State, 576 So. 2d 881 (Fla. 5th DCA 1991)