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

Fla. 4th DCA | 2008-02-13
No. 4D07-2385
STONE, POLEN and MAY, JJ., concur.
980 So. 2d 1108 Florida District Court of Appeal, Fourth District (2008) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse a restitution order entered upon a withheld adjudication for burglary of a dwelling.

It was error to award restitution for repairs and items stolen or damaged, based on estimates of replacement value rather than fair market value. On remand, the trial court should use the fair market value in re-calculating the award for the following items: the carpet, recliner, knife, X-Box and games.

In all other respects, we find no reversible error or abuse of discretion and remand for a new restitution hearing.

STONE, POLEN and MAY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Villanueva v. State, 200 So. 3d 47 (Fla. 2016)
    …that charge was not one enumerated in section 948.30, the trial court imposed — as special conditions of the defendant’s probation — the sex offender conditions found in section 948.30. The Fifth District Court of Appeal relied on Sturges v. State, 980 So. 2d 1108 (Fla. 4th DCA 2008), to find that it was improper to impose the sex offender conditions found in section 948.30 unless the defendant was convicted of a crime specified in that section. Arias, 65 So. 3d at 104. In Sturges, the Fourth District Court…
    1 / 2
  • Snow v. State, 157 So. 3d 559 (Fla. 1st DCA 2015)
    …of an offense enumerated by the statute. The Fourth and Fifth Districts have held that it is error to impose sex offender probation for an offense not enumerated by section 948.30. Arias v. State, 65 So. 3d 104 (Fla. 5th DCA 2011); Sturges v. State, 980 So. 2d 1108 (Fla. 4th DCA 2008). However, the Third District has explained that the trial court is not precluded from selectively imposing special conditions of sex offender probation that are reasonably related to the crime of which the offender was convicted.…
  • Arias v. State, 65 So. 3d 104 (Fla. 5th DCA 2011)
    …is not one of the crimes enumerated in section 948.30, the trial court felt there was a sexual motive to Arias’ actions and imposed as special conditions of probation the sexual offender conditions set forth in section 948.30. In Sturges v. State, 980 So. 2d 1108 (Fla. 4th DCA 2008), our sister court determined that it is improper to impose sex offender conditions of probation unless the defendant is convicted of a crime specified in section 948.30. In Biller v. State, 618 So. 2d 734 (Fla.1993), the supreme…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw