MARK R. FORLANO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
As the State concedes, the trial court erred in awarding restitution to the extent the award was based on hearsay evidence which was admitted over objection. See Herrington v. State, 823 So. 2d 286 (Fla. 1st DCA 2002); B.L.N. v. State, 722 So. 2d 860 (Fla. 1st DCA 1998); C.S. v. State, 617 So. 2d 863 (Fla. 1st DCA 1993); Williams v. State, 850 So. 2d 627 (Fla. 2d DCA 2003). The State offered competent proof of other elements of damage to the victim, but elicited only hearsay as to the cost of repairs to the car body. Accordingly, we reverse the restitution order and remand for a new restitution hearing. On remand, the State may prove the cost of repairs to the car body by competent evidence, and need not adduce further evidence as to any other elements of damage to the victim. Cf. Aboyoun v. State, 842 So. 2d 238, 240 (Fla. 2d DCA 2003).
Reversed and remanded.
BENTON, HAWKES, and THOMAS, JJ., concur.
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Butler v. State, 970 So. 2d 919 (Fla. 1st DCA 2007)…e hold that the trial court erred in admitting the estimate and basing the value of the exterior door solely on this evidence. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007). ALLEN and WEBSTER, JJ., concur.…
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V.B. v. State, 75 So. 3d 363 (Fla. 1st DCA 2011)…ly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly ad [*364] mitted at the restitution hearing over appellant’s objection. Butler v. State, 970 So. 2d 919 (Fla. 1st DCA 2007); Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007); I.M. v. State, 958 So. 2d 1014 (Fla. 1st DCA 2007); Herrington v. State, 828 So. 2d 286 (Fla. 1st DCA 2002). Accordingly, we reverse the trial court’s restitution determination and remand for a new restitution hearing. Forlano,…
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Nelson v. State, 95 So. 3d 368 (Fla. 1st DCA 2012)…objection. See V.B. v. State, 75 So. 3d 363 (Fla. 1st DCA 2011); Dreyer v. State, 46 So. 3d 613, 615 (Fla. 2d DCA 2010); Ritch v. State, 14 So. 3d 1104, 1107 (Fla. 1st DCA 2009); Butler v. State, 970 So. 2d 919 (Fla. 1st DCA 2007); Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007); I.M. v. State, 958 So. 2d 1014 (Fla. 1st DCA 2007); Herrington v. State, 823 So. 2d 286 (Fla. 1st DCA 2002). Accordingly, we reverse the trial court’s restitution determination and remand for a new restitution hearing. V.B., 75…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 850 So. 2d 627 (Fla. 2d DCA 2003)
- Aboyoun v. State, 842 So. 2d 238 (Fla. 2d DCA 2003)
- B.L.N. v. State, 722 So. 2d 860 (Fla. 1st DCA 1998)
- C.S. v. State, 617 So. 2d 863 (Fla. 1st DCA 1993)
- Santwan Henderson v. State, 823 So. 2d 286 (Fla. 1st DCA 2002)