WANDA LEE BOYLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WANDA LEE BOYLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
589 So. 2d 1015
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Because the trial court erred in setting the amount of restitution on the basis of hearsay evidence, to which the defendant properly objected, we reverse the restitution order and remand for another restitution hearing. See Thomas v. State, 581 So. 2d 992 (Fla. 2d DCA 1991).
SCHEB, A.C.J., and DANAHY and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reynolds v. State, 598 So. 2d 188 (Fla. 1st DCA 1992)…. In the proceedings below, however, counsel for appellant timely requested, but never received, a restitution hearing. Under those circumstances, the trial court erred in basing the restitution order in part on hearsay evidence. See Boyle v. State, 589 So. 2d 1015 (Fla. 2nd DCA 1991); Mansell v. State, 498 So. 2d 604 (Fla. 2nd DCA 1986). We reverse the probation order insofar as it sets a special condition of restitution, and remand for further proceedings consistent with this opinion. [*191] In Case Nos. 89-…
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J.D. v. State, 693 So. 2d 146 (Fla. 3d DCA 1997)…nce and the defendant properly objected to its admission. See J.L. v. State, 684 So. 2d 883, 884 (Fla. 3d DCA 1996); Louis v. State, 654 So. 2d 1290, 1290 (Fla. 3d DCA 1995); Branker v. State, 650 So. 2d 195, 196 (Fla. 4th DCA 1995); Boyle v. State, 589 So. 2d 1015, 1015 (Fla. 2d DCA 1991). Accordingly, we remand this cause for a new restitution hearing consistent with this opinion.…
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Green v. State, 652 So. 2d 958 (Fla. 2d DCA 1995)…g company told him over the phone. Green was ordered to pay $4,550 restitution on the grand theft charge, which represents the value of the vehicle. It is well established that hearsay may not be the basis for ordering restitution. Boyle v. State, 589 So. 2d 1015 (Fla. 2d DCA 1991). Since hearsay was the only evidence presented at the restitution hearing on the amount of damage to the vehicle, the trial court erred in finding the evidence sufficient to justify a restitution award. Therefore, the $4,550 amoun…1 / 2
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- Thomas v. State, 581 So. 2d 992 (Fla. 2d DCA 1991)