PERRY NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm appellant’s judgment and sentence for grand theft without discussion. However, appellant correctly 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. 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 So.3d at 363; Dreyer, 46 So.3d at 615; Forlano, 964 So.2d at 246; Herrington, 823 So.2d at 286-87.
AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings.
WOLF and SWANSON, JJ., and JOHNSON, LEANDRA G., Associate Judge, concur.
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Citator
Cited By
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Williams v. State, 215 So. 3d 656 (Fla. 1st DCA 2017)…itution testimony was hearsay, which was appropriately objected to by defense counsel. Thus, though we affirm appellant’s judgment and sentence, we REVERSE the restitution determination and REMAND for a new restitution hearing. See Nelson v. State, 95 So. 3d 368 (Fla. 1st DCA 2012). LEWIS and WETHERELL, JJ., CONCUR. * Mr. Strickland testified as to estimated costs of $1,270 for new pipes, $1,300 for new ballast, and $4,000 for labor. Because there had not been ballast over the culverts when appellant and…
Authorities Cited
- I.M. v. State, 958 So. 2d 1014 (Fla. 1st DCA 2007)
- Butler v. State, 970 So. 2d 919 (Fla. 1st DCA 2007)
- Santwan Henderson v. State, 823 So. 2d 286 (Fla. 1st DCA 2002)
- Ritch v. State, 14 So. 3d 1104 (Fla. 1st DCA 2009)
- Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007)
- Ramirez v. State, 964 So. 2d 246 (Fla. 1st DCA 2007)
- Dreyer v. State, 46 So. 3d 613 (Fla. 2d DCA 2010)
- V.B. v. State, 75 So. 3d 363 (Fla. 1st DCA 2011)