DENISE CROWLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Restitution order for medical expenses reversed because victim's testimony alone, without supporting bills, was insufficient proof of past medical expenses; case remanded for victim to present documentary evidence.
Victim testimony regarding medical expenses is insufficient proof without supporting documentation such as bills or receipts.
[1] Victim's testimony regarding medical expenses incurred or to be incurred is insufficient proof of past medical expenses for restitution purposes without supporting docume…
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Join FLexlaw to unlock all legal intelligence“If her testimony had been accompanied by her bills, the proof would have been sufficient as proof of past expenses.”
Court explaining the evidentiary standard for medical expense restitution
Appellant was charged with battery with a deadly weapon, pled to reduced charges, and the trial court ordered restitution including medical expenses b…
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PER CURIAM.
Appellant was charged with battery with a deadly weapon, pled to reduced charges, and appeals an order of restitution. We reverse that portion of the restitution order requiring appellant to pay medical expenses, because the only evidence of medical expenses was the testimony of the victim that she had incurred expenses and would incur expenses in the future. She did not submit copies of any of her bills. If her testimony had been accompanied by her bills, the proof would have been sufficient as proof of past expenses. A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996).
Because the trial court erroneously concluded that there had been sufficient proof, we remand for another restitution hearing in order that the victim will have the opportunity to prove her past expenses under A J. We caution the parties, however, that A.J. only extends to medical expenses already incurred, and that additional proof will be necessary if the victim is to be awarded future medical expenses. Sims v. State, 637 So. 2d 21 (Fla. 4th DCA 1994) on which the state relies for proof of future medical is distinguishable because, unlike the present ease, there was no objection to the testimony in Sims. Reversed and remanded for further proceedings.
KLEIN and GROSS, JJ., and BROWNELL, SCOTT M., Associate Judge, concur.
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Citator
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Boone v. State, 112 So. 3d 676 (Fla. 4th DCA 2013)…nclude there was no error. However, we reverse the portion of the restitution order requiring Boone to pay one of the victim’s medical bills because the only evidence of the cost of medical treatment was the victim’s own testimony. Crowley v. State, 710 So. 2d 750 (Fla. 4th DCA 1998). It is axiomatic for purposes of determining the amount of restitution to a victim for medical expenses incurred or to be incurred that the victim’s testimony must be corroborated with billing records. Id. at 750 (where the onl…
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Rader v. State, 858 So. 2d 1109 (Fla. 2d DCA 2003)…ered restitution in the amount of $23,572.04. The State correctly concedes that the order must be reversed and remanded for a new hearing because insufficient evidence was presented to support the amount of restitution ordered. See Crowley v. State, 710 So. 2d 750 (Fla. 4th DCA 1998); see also Smith v. State, 651 So. 2d 1218 (Fla. 2d DCA 1995); Williams v. State, 645 So. 2d 594 (Fla. 2d DCA 1994); T.W. v. State, 576 So. 2d 936 (Fla. 5th DCA 1991). Additionally, the restitution order was entered as a conditi…
Authorities Cited
- A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996)
- Sims v. State, 637 So. 2d 21 (Fla. 4th DCA 1994)