JOHN MARTEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-03-11
No. 91-01090
RYDER, A.C.J., and DANAHY, J., concur.
596 So. 2d 100 Florida District Court of Appeal, Second District (1992) Caution
Cited by 6 cases
Topics
Dealing In Stolen Property Grand Theft Nolo Contendere Plea Restitution

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Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

Defendant appeals from the amount of restitution he was ordered to pay upon his convictions for grand theft and dealing in stolen property. We agree with his contentions and reverse.

Defendant first challenges the amount of restitution for travel and accommodation expenses the owner of the stolen property incurred upon returning home to Florida from North Carolina to investigate after learning of some of the thefts. We agree that these expenses were too remote. See Cliburn v. State, 510 So. 2d 1155 (Fla. 3d DCA 1987).

Defendant also challenges the amount of restitution for the theft of a number of items which were taken from the owner’s premises but which were not listed in the information and which defendant did not admit taking when he pleaded nolo contendere. We agree that there was error in that regard. See O’Conner v. State, 587 So. 2d 596 (Fla. 2d DCA 1991).

Reversed and remanded for proceedings consistent herewith.

RYDER, A.C.J., and DANAHY, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • House v. State, 614 So. 2d 677 (Fla. 1st DCA 1993)
    …00” from the store’s cash receipts. That was the reported amount of loss at the time Appellant entered into a plea agreement to pay “full restitution,” and $2,500.00 was the amount Appellant admitted having taken from the store. See Martel v. State, 596 So. 2d 100 (Fla. 2d DCA 1992). Sunland Food Mart’s owner subsequently claimed in a victim impact statement that its “financial, economic or property loss” amounted to the substantially higher figure of $30,297.00. Much of the documentary evidence on which the…
  • Schneider v. State, 972 So. 2d 1079 (Fla. 5th DCA 2008)
    …ed. Lost wages and similar expenses of victims, including costs resulting from participating in court proceedings have been found to be improper for an award of restitution. See J.S. v. State, 717 So. 2d 175 (Fla. 4th DCA 1998). In Martel v. State, 596 So. 2d 100 (Fla. 2d DCA 1992), the Second District rejected a restitution award for travel and accommodation expenses the owner of the stolen property incurred upon returning home to Florida from North Carolina to investigate after learning of some of the thef…
  • Milton v. State, 644 So. 2d 143 (Fla. 2d DCA 1994)
    …d of dealing in stolen property. The defendant was ordered to make restitution for all of the property taken in a burglary. The fifth district reversed since the defendant was charged with theft of two rifles, not burglary. See also Martel v. State, 596 So. 2d 100 (Fla. 2d DCA 1992). Since Milton was convicted of grand theft of the nail guns and he was not associated with the burglary, he cannot be required to make restitution for any items not included in the information. O’Connor v. State, 587 So. 2d 596 (…

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