ROY OLEN YAUN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Roy Yaun appealed the restitution amount imposed as a condition of his probationary sentence for burglary. The court affirmed the $9,856 restitution award, holding that the trial court did not abuse its discretion in accepting the victim's testimony regarding the value of stolen items.
The trial court did not abuse its discretion in setting the restitution amount. The victim's testimony regarding the value of the stolen property was sufficient competent evidence to support the restitution award of $9,856.
[1] A victim's testimony regarding the value of stolen property, including family heirlooms, is competent and substantial evidence sufficient to support a restitution order.
[2] A trial court has discretion to determine the amount of restitution awarded, and its decision will not be reversed absent an abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“Where restitution is part of a plea bargain, it should be liberally construed in favor of making the victim whole.”
Establishes the standard for interpreting restitution awards in plea agreements, favoring victim compensation.
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Join FLexlaw to unlock all legal intelligenceYaun entered an open guilty plea to burglary of a structure. At the restitution hearing, the victim testified about numerous stolen items including te…
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TAYLOR, J.
Appellant, Roy Olen Yaun, entered an open plea of guilty to burglary of a structure. As a condition of the probationary part of his sentence, appellant was required to make restitution to the victim. The sole issue in this appeal concerns the amount of the restitution appellant was ordered to pay.
At the restitution hearing, the victim testified that appellant stole several items from her home: two televisions, a YCR, a radio clock, a new microwave oven, crystal, draperies, shower curtains, wall hangings, a wood chime bicentennial clock, photo albums, a dolphin table and accompanying dolphins and turtles, two portable water fountains, an Indian blanket, a collection of Precious Moments figurines, and other household items. The victim testified that the total value of the stolen items amounted to $9,856.00. She produced an itemized list of the items and identified each item and her assessment of its current market value. She described some of the items as family heirlooms and attributed a value of $350 to each of the twenty Precious Moments figurines. For some new and unused items, the victim presented receipts and invoices. For others, she supplied computer print-outs of comparables she found on the Internet. The trial court awarded restitution in the amount of $9,856.
Appellant argues that the trial court erred in imposing an amount of restitution that was not supported by competent, substantial evidence. We disagree. “Where restitution is part of a plea bargain, it should be liberally construed in favor of making the victim whole.” Hercule v. State, 655 So. 2d 1256, 1257 (Fla. 3d DCA 1995); see also Montalvo v. State, 705 So. 2d 984, 986 (Fla. 3d DCA 1998) (noting that where a plea agreement leaves restitution to the trial court’s discretion, reversal is not warranted absent a clear showing that the trial court abused its discretion).
Because we conclude that the trial court did not abuse its discretion in setting the amount of restitution, we affirm. See State v. Hawthorne, 573 So. 2d 330 (Fla.1991) (holding that in assessing the value of stolen property for an order of restitution, the court may exercise such discretion as is required to further the purposes of restitution); A.G. v. State, 718 So. 2d 854, 856 (Fla. 4th DCA 1998) (holding that victim, as owner, was qualified to testify as to the value of property stolen from him, particularly a family heirloom); Bakos v. State, 698 So. 2d 943 (Fla. 4th DCA 1997) (concluding that the victim’s testimony was sufficient evidence of the value of the items for which restitution was sought); Anderson v. State, 649 So. 2d 890 (Fla. 2d DCA 1995) (holding that trial judge acted within his discretion in accepting victim’s valuation of the stolen items).
AFFIRMED.
GROSS and HAZOURI, JJ., concur.
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Soriano v. State, 968 So. 2d 112 (Fla. 4th DCA 2007)…its burden and ordered $10,000 in restitution. Soriano appeals. The trial court’s determination of the amount of restitution is subject to an abuse of discretion standard of review. See State v. Hawthorne, 573 So. 2d 330 (Fla.1991); Yarn v. State, 898 So. 2d 1016 (Fla. 4th DCA 2005). “Restitution must be proved by substantial competent evidence.” Koile v. State, 902 So. 2d 822, 824 (Fla. 5th DCA 2005). Absent clear and compelling reasons not to order restitution, a court shall order restitution to the victi…
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Gonzalez v. State, 40 So. 3d 86 (Fla. 4th DCA 2010)…ue of items stolen or damages can be sufficient. AG. v. State, 718 So. 2d 854, 856 (Fla. 4th DCA 1998). But, it must be supported by documentation. Bennett, 944 So. 2d at 526. Fourth, restitution is designed to make the victim whole. Yaun v. State, 898 So. 2d 1016, 1017 (Fla. 4th DCA 2005). “Where restitution is part of a plea bargain, it should be liberally construed in favor of making the victim whole.” Id. (quoting Hercule v. State, 655 So. 2d 1256, 1257 (Fla. 3d DCA 1995)). Here, the restitution order wa…
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Gonzalez v. State, 948 So. 2d 892 (Fla. 5th DCA 2007)…by substantial competent evidence.” Koile v. State, 902 So. 2d 822, 824 (Fla. 5th DCA 2005) (citations omitted). “ ‘Where restitution is part of a plea bargain, it should be liberally construed in favor of making the victim whole.’ ” Yaun v. State, 898 So. 2d 1016, 1017 (Fla. 4th DCA 2005) (quoting Hercule v. State, 655 So. 2d 1256, 1257 (Fla. 3d DCA 1995)). Ms. Lopez testified as to the value of $3,125 worth of goods stolen from her home. Her testimony was sufficient to warrant restitution in that amount. S…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hawthorne, 573 So. 2d 330 (Fla. 1991)
- Anderson v. State, 649 So. 2d 890 (Fla. 2d DCA 1995)
- Hercule v. State, 655 So. 2d 1256 (Fla. 3d DCA 1995)
- A.G. v. State, 718 So. 2d 854 (Fla. 4th DCA 1998)
- Bakos v. State, 698 So. 2d 943 (Fla. 4th DCA 1997)
- Onel Montalvo v. State, 705 So. 2d 984 (Fla. 3d DCA 1998)