J.D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
J.D. appeals from an order of restitution requiring him to pay $598.79, plus court fees for damages made to the Truman School in Monroe County. Upon the State’s proper confession of error, we reverse the trial court’s order of restitution where the damage estimates relied upon to support the restitution amount were improperly based entirely on inadmissable hearsay evidence 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Smith v. State, 941 So. 2d 479 (Fla. 3d DCA 2006)…ate has the burden of establishing by a preponderance of the evidence the proper amount of the loss. In proving the amount of the loss, the State may not rely on hearsay testimony when the defense properly objects to its introduction. J.D. v. State, 693 So. 2d 146 (Fla. 3d DCA 1997); J.L. v. State, 684 So. 2d 883 (Fla. 3d DCA 1996); Louis v. State, 654 So. 2d 1290 (Fla. 3d DCA 1995); Delks v. State, 622 So. 2d 624 (Fla. 2d DCA 1993). ANALYSIS In this case, there is no question or dispute that actual costs w…
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Garcia v. State, 62 So. 3d 1280 (Fla. 3d DCA 2011)…ate for the repairs in determining the amount of restitution to be paid by the defendant. Based on the State’s proper confession of error, and our independent review, we conclude the trial court erred in relying on the estimate. See J.D. v. State, 693 So. 2d 146, 146 (Fla. 3d DCA 1997) (upon confession of error, holding value cannot be established solely on hearsay evidence); J.L. v. State, 684 So. 2d 883, 884 (Fla. 3d DCA 1996) (reversing because value was based only on hearsay evidence, to which defendant…
Authorities Cited
- Loraine Branker v. State, 650 So. 2d 195 (Fla. 4th DCA 1995)
- Reyes v. State, 684 So. 2d 883 (Fla. 3d DCA 1996)
- Boyle v. State, 589 So. 2d 1015 (Fla. 2d DCA 1991)
- Breier v. Lennar Homes, Inc., 654 So. 2d 1290 (Fla. 3d DCA 1995)
- Ardell Louis v. State, 654 So. 2d 1290 (Fla. 3d DCA 1995)