JOSEPH T. MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2017-07-07
No. Case No. 5D16-3427
PALMER, EVANDER and LAMBERT, JJ., concur.
221 So. 3d 789 Florida District Court of Appeal, Fifth District (2017) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Joseph T. Martin appeals the restitution order entered by the trial court in connection with his no contest plea to a charge of dealing in stolen property. The State properly concedes that the restitution order improperly ordered restitution as to items not covered by the dealing in stolen property count. Accordingly, we reverse the restitution order and remand for a new restitution hearing.

REVERSED and REMANDED.

PALMER, EVANDER and LAMBERT, JJ., concur.


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    …l court erred in imposing costs of investigation; and 5) the judgment failed to state that Taylor was tried by a jury. We agree that the trial court erred in imposing costs of investigation, as the State did not request them. See Foulkes v. State, 221 So. 3d 789, 790 (Fla. 5th DCA 2017). We therefore remand for the trial court to strike these costs from the judgment, noting that the State should be given the opportunity to request the imposition of costs. See McCarthy v. State, 893 So. 2d 689, 690 (Fla. 5th…
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