TRE MICHAEL NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2013-05-24
No. 5D12-2894
TORPY, LAWSON and JACOBUS, JJ., concur.
113 So. 3d 1032 Florida District Court of Appeal, Fifth District (2013) Positive Treatment
Cited by 1 case

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Holding

A defendant's agreement to pay restitution as part of a plea is limited to restitution arising out of the offense charged.


Facts & Procedural History

Nelson pleaded no contest to dealing in stolen property and agreed to pay restitution. The State sought restitution for items related to the charged o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Tre Michael Nelson was charged by information with dealing in stolen property (specifically, jewelry), and entered a negotiated no contest plea, agreeing to pay restitution in an amount to be determined. At the subsequent restitution hearing, the State sought restitution attributable to the jewelry that Nelson pawned, plus additional jewelry stolen from the victim’s home during a burglary that preceded the crime with which Nelson was charged. The trial court ordered restitution for both amounts (a total of $20,000), and Nelson now challenges the restitution order. We reverse.

“[W]hen a defendant agrees to pay restitution as part of a plea agreement, the defendant’s agreement is .limited to restitution arising out of the offense charged by the State as reflected in the information and/or by the factual basis for the plea set forth by the State when the plea is entered.” Malarkey v. State, 975 So.2d 538, 540-41 (Fla. 2d DCA 2008) (citations omitted). Here, Nelson was only charged with dealing in stolen property, and the State’s presentation at the plea hearing was insufficient to link Nelson to the burglary or to place Nelson on notice that it intended to seek restitution from him based upon the burglary. Under these circumstances, the trial court erred in ordering restitution for more than the loss to the victim attributable to the charged crime. Id. 1

Accordingly, we reverse and remand for a new restitution hearing.

REVERSED AND REMANDED.

TORPY, LAWSON and JACOBUS, JJ., concur.


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