CHERYL HAIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cheryl Haight was convicted of leaving the scene of an accident resulting in death and appealed a restitution order requiring her to pay funeral expenses, family counseling, and in-patient counseling for the victim's family. The court reversed, holding that these damages were not caused directly or indirectly by the offense of leaving the scene, as required by Florida's restitution statute.
The court reversed the restitution order, holding that none of the damages sought—funeral expenses, family counseling, or in-patient counseling—were caused directly or indirectly by Haight's offense of leaving the scene of an accident. The court vacated the restitution order and remanded the case with directions to remove the restitution condition.
[1] Restitution may only be ordered for damages caused directly or indirectly by the defendant's offense.
[2] Damages resulting from grief or anguish following a victim's death are not compensable through restitution for the offense of leaving the scene of an accident.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 775.089(1)(a), Florida Statutes (1991), requires the court to order the defendant 'to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense.'”
Establishes the statutory requirement that restitution must be causally connected to the defendant's offense.
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Join FLexlaw to unlock all legal intelligenceOn November 13, 1992, 18-year-old Robert Case was killed by a vehicle while walking along a roadside. After a two-and-one-half month investigation, Ch…
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PER CURIAM.
Appellant, Cheryl Haight, challenges an order of restitution entered against her for the offense of leaving the scene of an accident. We reverse with directions that the order of restitution be vacated, because the damages were not caused directly or indirectly by appellant’s offense.
On November 13, 1992, 18-year-old Robert Case was struck by a vehicle and killed while walking along a roadside. The driver left the scene. After a two-and-one-half month investigation, the sheriffs office identified appellant as the driver, and she was subsequently charged with leaving the scene of an accident resulting in death. Haight pled guilty.
At the sentencing hearing, Haight agreed to pay restitution as deemed appropriate by the court. The victim’s mother then read a statement indicating that appellant’s refusal to come forward after the lengthy delay caused her family great anguish. She asked the court to require Haight to pay for her son’s funeral, family counseling and in-patient counseling for the victim’s brother, who was hospitalized because of grief following his older brother’s death. The total amount requested was between $19,000 and $23,000. The trial court withheld adjudication of guilt and sentenced Haight to nine months in county jail, to be followed by five years’ probation, with the special condition that she “make restitution to the family in the amount they have sought,” less any amounts covered by insurance. We conclude that the latter portion of the sentence was error.1
Section 775.089(1)(a), Florida Statutes (1991), requires the court to order the defendant “to make restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense.” We conclude that none of the damages which the family sought were caused by Haight’s crime of leaving the scene of an accident. State v. Williams, 520 So. 2d 276 (Fla.1988); Fykes v. State, 599 So. 2d 268 (Fla. 1st DCA 1992).
The state does not dispute that the funeral expenses do not relate to Haight’s offense. As for family counseling, although the victim’s mother and father each testified as to the pain they experienced during the months following their son’s death while-the driver of the vehicle was at large, they never testified that they required counseling for this aspect of - the tragedy. Similarly, the in-patient counseling for the victim’s brother, who was suicidal because he missed his brother and unable to understand why he died, was never shown to be related in any way to appellant’s crime.
A letter from the family’s therapist confirms that the family members were receiving therapy for their grief relating generally to Robert’s tragic death, but not for any distress pertaining to appellant’s leaving the scene. Consequently, because there is no evidence establishing that Haight’s offense directly or indirectly caused the damages claimed by the victim’s family, the trial court erred in ordering restitution.
REVERSED and REMANDED with directions that the order of restitution be vacated.
ZEHMER, C.J., and ERVIN and SMITH, JJ., concur. . Although appellant’s lawyer did not object that the restitution exceeded the scope of section 775.089(1), Florida Statutes (1991), we conclude that the sentencing error is apparent from the face of the record, thus it did not require a contemporaneous objection. See L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA), review denied, 624 So. 2d 268 (Fla.1993).
While the state did not argue the point, it could be contended that Haight consented to pay restitution, as ordered by the court. See Ferris v. State, 558 So. 2d 179 (Fla. 2d DCA 1990). We cannot conclude, however, that appellant entered a valid consent under the facts of this case. Consent must be a knowing and intentional relinquishment of a known right. See Hunt v. Estate of Hunt, 475 So. 2d 1358 (Fla. 5th DCA 1985); State v. Lanxon, 393 So. 2d 1194 (Fla. 3d DCA 1981). Although Haight apparently was willing to pay an amount required by statute, we cannot construe her consent to pay "whatever restitution the Court would deem appropriate" as a knowing agreement to pay more than the law permits.
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Citator
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Brown v. State, 645 So. 2d 1066 (Fla. 1st DCA 1994)…a contemporaneous objection." L.A.D. v. State, 616 So. 2d 106, 107 (Fla. 1st DCA) (allowing appellant to argue propriety of restitution on appeal when issue was not raised below), review denied, 624 So. 2d 268 (Fla. 1993). See also Haight v. State, 640 So. 2d 1170, 1171 n. 1 (Fla. 1st DCA 1994) (although defendant’s lawyer did not object that restitution exceeded the scope of section 775.089(1), it was a sentencing error apparent from the face of the record and therefore did not require a contemporaneous obje…
Authorities Cited
- State v. Williams, 520 So. 2d 276 (Fla. 1988)
- In the Interest of L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA 1993)
- Ferris v. State, 558 So. 2d 179 (Fla. 2d DCA 1990)
- State v. Lanxon, 393 So. 2d 1194 (Fla. 3d DCA 1981)
- Fykes v. State, 599 So. 2d 268 (Fla. 1st DCA 1992)
- Hunt v. The Est. OF Jack R. Hunt, 475 So. 2d 1358 (Fla. 5th DCA 1985)