ERIN SHERWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Erin Sherwood appeals her judgments and sentences, challenging only the orders of restitution. We reverse one order of restitution in the amount of $2,296.64 entered on July 17, 2001. The State concedes that this order was based on improper hearsay evidence concerning the cost to repair a 1989 Oldsmobile Delta 88. We reverse and remand the order entered on July 17, 2001, for a new restitution hearing. See Moore v. State, 694 So. 2d 836 (Fla. 2d DCA 1997). All other orders on appeal are affirmed.
Affirmed in part, reversed in part, and remanded for proceedings pursuant to this opinion.
ALTENBERND, NORTHCUTT and DAVIS, JJ., Concur.
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Williams v. State, 850 So. 2d 627 (Fla. 2d DCA 2003)…evidence which should have been sustained. See Moore v. State, 694 So. 2d 836 (Fla. 2d DCA 1997); Thomas v. State, 581 So. 2d 992 (Fla. 2d DCA 1991). Therefore, this court must reverse and remand for a new restitution hearing. See Sherwood v. State, 832 So. 2d 926 (Fla. 2d DCA 2002) (reversing for a new restitution hearing where award was based on improper hearsay evidence concerning the cost of repairs to an automobile). Upon remand, the State has the burden of proving the amount of loss by a preponderance…
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Allen v. State, 162 So. 3d 1055 (Fla. 2d DCA 2015)…ution if there is no objection to the evidence.” Id. However, in this case, Allen made a proper objection to the evidence at the restitution hearing. Therefore, this court must reverse and remand for a new restitution hearing. See Sherwood v. State, 832 So. 2d 926, 926 (Fla. 2d DCA 2002) (remanding for a new restitution hearing where award was based on improper hearsay evidence concerning the cost of repairs to an automobile). Reversed and remanded with directions. VILLANTI, C.J., and DAVIS, CHARLES A., Sen…
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Chiramonte v. State, 881 So. 2d 1136 (Fla. 2d DCA 2004)…e, that the $2000 assessment imposed by the court was based on improper hearsay evidence concerning the cost to repair damage to the truck. We reverse and remand the order entered April 28, 2003, for a new restitution hearing. See Sherwood v. State, 832 So. 2d 926 (Fla. 2d DCA 2002). Reversed and remanded for further proceedings. DAVIS and SILBERMAN, JJ., concur.…
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- Moore v. State, 694 So. 2d 836 (Fla. 2d DCA 1997)