MICHAEL ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that while the trial court has discretion in determining restitution value, it must conform its written order to its pronouncements regarding excluded items.
Following guilty pleas, the defendant was ordered to pay $20,000 in restitution. The defendant appealed the valuation method and the inclusion of item…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Value Of Stolen Property cases and more on FLexlaw
FRANK, Chief Judge.
Following pleas of guilty to dealing in stolen property, burglary, and grand theft, Michael Anderson was ordered to pay restitution in the amount of $20,000.00 following a hearing. Anderson contends on appeal that the court’s method for determining the value of the stolen items was erroneous.
At the hearing the victim, in response to questioning from Anderson’s attorney, testified concerning his estimate of the value of the stolen items. Anderson argues that the judge should have rejected any figure other than the fair market value of the property, but considerations other than fair market valuable are permissible in determining restitution. The judge acted within his discretion in accepting the victim’s valuation. State v. Hawthorne, 573 So. 2d 330 (Fla.1991). Even if this were not the case, Anderson has waived this issue by failing to object at the trial level to either the method for determining the restitution or the approximate valuation of the items stolen. Moore v. State, 623 So. 2d 842 (Fla. 5th DCA 1993); Primm v. State, 614 So. 2d 658 (Fla. 2d DCA 1993).
Anderson did object, however, to payment of restitution for items he allegedly did not steal. The trial judge agreed that the value of a shotgun and a Colt .45 should have been deleted from the $20,000.00 total, but the written order fails to conform to that pronouncement. Accordingly, we affirm in part the order under review, but reverse that portion pertaining to the shotgun and the Colt .45, and remand for correction of the restitution total.
THREADGILL and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
A.G. v. State, 718 So. 2d 854 (Fla. 4th DCA 1998)…to the value of his or her property, and there are instances when the market value of property would not adequately reflect the victim’s loss, particularly a family heirloom. See State v. Hawthorne, 573 So. 2d 330, 333 (Fla.1991); Anderson v. State, 649 So. 2d 890 (Fla. 2d DCA 1995); Vickers v. State, 303 So. 2d 700 (Fla. 1st DCA 1974). The trial court has broad discretion to take into account any factor in arriving at a fair amount that will compensate the victim for his or her loss. See Hercule v. State, 65…
-
Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc., 946 So. 2d 66 (Fla. 1st DCA 2006)…are recognized exceptions. A party need.not plead for attorney’s fees if the opposing party waives the necessity to do so, id. at 838, or if the basis for an award of attorney’s fees is an offer of judgement, see Tampa Letter Carriers, Inc. v. Mack, 649 So. 2d 890 (Fla. 2d DCA 1995), disapproved on other grounds, MX Investments, Inc. v. Crawford, 700 So. 2d 640 (Fla.1997). As explained above, in the case of section 57.105 fees, Ganz created another exception to the Stockman rule. Ganz, however, has not been a…
-
Yaun v. State, 898 So. 2d 1016 (Fla. 4th DCA 2005)…erty stolen from him, particularly a family heirloom); Bakos v. State, 698 So. 2d 943 (Fla. 4th DCA 1997) (concluding that the victim’s testimony was sufficient evidence of the value of the items for which restitution was sought); Anderson v. State, 649 So. 2d 890 (Fla. 2d DCA 1995) (holding that trial judge acted within his discretion in accepting victim’s valuation of the stolen items). AFFIRMED. GROSS and HAZOURI, JJ., concur.…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hawthorne, 573 So. 2d 330 (Fla. 1991)
- Moore v. State, 623 So. 2d 842 (Fla. 5th DCA 1993)
- Primm v. State, 614 So. 2d 658 (Fla. 2d DCA 1993)