RYAN FULTON YOUNG
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court abuses its discretion by ordering restitution for items not listed in charging documents, police reports, or discovery.
[1] A trial court abuses its discretion by ordering restitution for items that were not listed in the charging documents, police reports, or any other discovery provided to t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“trial court abused discretion in ordering defendant to pay restitution for items not listed in plea agreement, delinquency petition, arrest reports, or any other discovery”
Citation to J.D. v. State, 212 So. 3d 1144, 1146 (Fla. 5th DCA 2017), establishing the controlling legal standard
Ryan Young pleaded guilty to burglary of a dwelling and grand theft of firearms. At the restitution hearing, the victim testified about a nearly twent…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Restitution Order cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RYAN FULTON YOUNG,
Appellant,
v. Case No. 5D19-1879
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 7, 2020
Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
James S. Purdy, Public Defender, and Teresa
D.
Sutton, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
COHEN, J.
Ryan Young appeals the restitution order entered following his plea to burglary of a dwelling and grand theft of firearms. Young raises three arguments on appeal, only one of which merits discussion: that the trial court erred at the restitution hearing by allowing evidence of allegedly stolen items that were not evinced in discovery.
2 The trial court ordered Young to pay restitution for the victim’s nearly twenty-yearold cargo trailer, which was used as a tool shed. However, Young was not charged with the theft of the trailer, and the trailer was neither listed in the police reports nor noted in any other discovery. The record indicates that the first time the trailer was mentioned was at the restitution hearing, when the victim testified to its value, utilizing its original purchase price. We find that the trial court abused its discretion in ordering restitution for that item. See J.D. v. State, 212 So. 3d 1144, 1146 (Fla. 5th DCA 2017) (holding that trial court abused discretion in ordering defendant to pay restitution for items not listed in plea agreement, delinquency petition, arrest reports, or any other discovery). Young raises similar arguments about other items that were neither charged nor listed in discovery, yet the subject of the trial court’s restitution order.1 Accordingly, we reverse the restitution order. On remand, the trial court shall hold a new restitution hearing and order restitution only for the items that were listed in the charging documents, police reports, or any other discovery, and for which there is some reasonable basis to determine the item’s value.2 See id. REVERSED and REMANDED. WALLIS and EDWARDS, JJ., concur.