ZHONTERIUS DEONTERVAN JONES
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-07-23
No. 18-1160
Kelly, Crenshaw, Black
2017 WL 3495208 Florida District Court of Appeal, First District (2019)
Also reported at: 2017 Fla. App. LEXIS 11686 · 275 So. 3d 849

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Holding

A trial court's restitution award must be supported by competent, substantial evidence.


Headnotes

[1] A trial court's restitution award must be supported by competent, substantial evidence at a restitution hearing.

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Facts & Procedural History

Zhonterius Deontervan Jones was ordered to pay restitution in the amount of $3,228.52. Jones appealed the restitution amount, challenging whether it w…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D18-1160 _____________________________

ZHONTERIUS DEONTERVAN JONES,

Appellant,

v. STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County. Gary L. Bergosh, Judge.

July 23, 2019 PER CURIAM.

The appellant appeals the trial court’s order imposing restitution in the amount of $3,228.52. We affirm the trial court’s finding that it had jurisdiction without comment, but write only to address the appellant’s challenge of the amount of restitution ordered.

The appellant claims the trial court’s award was not supported by competent, substantial evidence. Given his arguments on this issue and the State’s concession of error, we reverse the amount of restitution and remand for a new restitution hearing.

AFFIRMED in part, REVERSED in part, and REMANDED.

2

ROBERTS, MAKAR, and KELSEY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Andy Thomas, Public Defender, Lori A. Willner and Steven L. Seliger, Assistant Public Defenders, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.


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