S.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1995-12-28
No. 95-2494
ERVIN, BOOTH and WEBSTER, JJ., concur.
665 So. 2d 355 Florida District Court of Appeal, First District (1995)

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Holding

The court held that the evidence presented was insufficient to support the trial court's determination of restitution amounts, particularly the multiplier used for merchandise value and the evidence for the computer's fair market value.


Facts & Procedural History

The trial court determined the fair market value of stolen merchandise by multiplying its retail value by 80%. For a stolen computer, the State only p…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on appeal from an order establishing restitution. Because we find the amount determined by the lower court is not adequately supported by the evidence presented, we reverse and remand.

To determine the fair market value of the merchandise stolen, the trial court multiplied the total retail value of the merchandise by .80, the alleged average percentage cost. Although we approve of the method used, we find no competent evidence to support the use of the 80 percent multiplier. At the restitution hearing, the victim testified as to value by comparing the costs and retail prices of several of the items stolen. Not one example yielded a percentage cost of 80 percent.1

As to the stolen computer, the State only presented evidence which showed the computer’s original cost some four years ago. We hold that such evidence is inadequate to establish the computer’s fair market value, especially where the victim admitted that the price of computers has decreased. See, e.g., Domaceti v. State, 616 So. 2d 1148 (Fla. 4th DCA1993).

Accordingly, we REVERSE and REMAND for a new restitution hearing as to these items.

ERVIN, BOOTH and WEBSTER, JJ., concur. . Our calculations indicate that the victim's average percentage cost is significantly lower, about 55 percent.


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