V.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2011-11-22
No. 1D11-2621
WETHERELL, MARSTILLER, and SWANSON, JJ„ concur.
75 So. 3d 363 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant correctly asserts, and the state properly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly ad*364mitted 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, 964 So.2d at 246; Herrington, 823 So.2d at 286-87.

REVERSED and REMANDED.

WETHERELL, MARSTILLER, and SWANSON, JJ„ concur.


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  • Nelson v. State, 95 So. 3d 368 (Fla. 1st DCA 2012)
    …ctly asserts, and the state properly concedes, the trial court erred in ordering restitution based on speculation, non-admitted business records, and hearsay evidence admitted at the restitution hearing over appellant’s 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.…

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