ARTHUR WAYNE COCHRAN AND DANIEL CHAD COCHRAN, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1999-01-15
Nos. 97-3780, 97-4031
ALLEN, WEBSTER and BROWNING, JJ., Concur.
724 So. 2d 189 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In these two consolidated direct criminal appeals, we reverse the restitution order, which directed appellants, jointly and severally, to pay $29,860.97 to the State of Florida, and remand with directions that the trial court enter an amended order directing appellants to pay $1,089.30 in restitution. See Glaubius v. State, 688 So. 2d 913 (Fla.1997) (the loss or damage which may be compensated for by restitution must be either directly or indirectly related to the' defendant’s offense). In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ALLEN, WEBSTER and BROWNING, JJ., Concur.


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  • Allen v. State, 740 So. 2d 1180 (Fla. 2d DCA 1999)
    …for postconviction relief. Although the trial court referred to specific attachments purportedly supporting this [*1181] conclusion, those attachments were not included in the record. Normally, this would require us to reverse. See Wilson v. State, 724 So. 2d 189 (Fla. 1st DCA 1999); Driver v. State, 695 So. 2d 1318 (Fla. 2d DCA 1997). In this case, however, the record conclusively shows that Allen’s claims are without merit. We accordingly affirm. See Fla. RApp. P. 9.140(i) (requiring reversal unless record…
  • Shearer v. State, 754 So. 2d 192 (Fla. 1st DCA 2000)
    …s on this matter in the lower court, however, we note that in oral argument the State conceded that the second issue in the instant case is factually indistinguishable in any material respect from the restitution issue presented in Cochran v. State, 724 So. 2d 189 (Fla. 1st DCA 1999), in which we reversed the restitution order pursuant to Glaubius v. State, 688 So. 2d 913 (Fla.1997), and remanded with directions to enter an amended order for a substantially reduced amount of restitution.2 We REVERSE and REMA…

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