J.F., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-05-25
No. 4D03-3740
WARNER, KLEIN and TAYLOR, JJ., concur.
901 So. 2d 1027 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse an order of restitution because there was no sworn testimony by the victim, and because the defendant did not have the opportunity to be present. We remand for a proper hearing.

WARNER, KLEIN and TAYLOR, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Ivey v. State, 47 So. 3d 908 (Fla. 3d DCA 2010)
    …t against being put in jeopardy for the same offense twice. U.S. Const, amend. V; Art. I, § 9, Fla. Const. The double jeopardy clause prohibits both being tried twice and receiving more than a single punishment for the same crime. Robinson v. State, 901 So. 2d 1027, 1028 (Fla. 4th DCA 2005). Thus, withholding the sentence on one of the two convictions does not ameliorate a double jeopardy violation. See Bolding v. State, 28 So. 3d 956 (Fla. 1st DCA 2010); Rodriguez v. State, 875 So. 2d 642 (Fla. 2d DCA 2004).…
  • Augustin Fleurimond v. State, 10 So. 3d 1140 (Fla. 3d DCA 2009)
    …n though found in different locations, constitutes a double jeopardy violation. Gibbs v. State, 698 So. 2d 1206 (Fla.1997); Romain v. State, 973 So. 2d 1252 (Fla. 5th DCA 2008); McAdory v. State, 933 So. 2d 692 (Fla. 2d DCA 2006); Robinson v. State, 901 So. 2d 1027, 1028-29 (Fla. 4th DCA 2005). Moreover, dual convictions for possession of the same type of drugs, found at the same time, even though found in different locations, also constitutes a double jeopardy violation. Wiggins v. State, 967 So. 2d 417, 418…
  • Wiggins v. State, 967 So. 2d 417 (Fla. 1st DCA 2007)
    …tituted double jeopardy); Gibbs v. State, 698 So. 2d 1206 (Fla.1997)(holding that dual convictions for trafficking possession and simple possession could not stand where the same quantum of cocaine was the basis for each offense); Robinson v. State, 901 So. 2d 1027, 1027-29 (Fla. 4th DCA 2005)(holding that defendant’s convictions for trafficking possession and simple possession could not stand where defendant dropped a bag of cocaine while fleeing and where police found other baggies of cocaine following a sea…

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