AMY GENEVIEVE LAST
v.
STATE OF FLORIDA
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A restitution order must be supported by competent, substantial evidence of actual expenses, and the trial court erred in awarding the full $4,021.00 when the record supported only $3,900.00 or $3,865.00 in medical expenses.
[1] A restitution order must be supported by competent, substantial evidence of the victim's actual expenses, and an order exceeding the documented amount in the record const…
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“The State correctly concedes that the victim's testimony and medical bills establish that her total expenses, as reflected in the record, were less than $4,021.00.”
The court's explanation for why the restitution amount must be reduced.
Last pleaded no contest to fighting in violation of a municipal ordinance. The trial court ordered her to pay $4,021.00 in restitution to the victim, …
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February 16, 2024 PER CURIAM.
Amy Genevieve Last challenges the lower court’s restitution order requiring her to pay $4,021.00 to the victim after she pleaded no contest to fighting in violation of a municipal ordinance. We find competent, substantial evidence supporting the order, with the exception of the total sum of medical expenses incurred by the victim. The State correctly concedes that the victim’s testimony and medical bills establish that her total expenses, as reflected in the record, were less than $4,021.00. The total medical expenses supported in the record were either $3,900.00 or $3,865.00, depending on whether there was an erroneous duplication of a receipt for services by Select Physical Therapy on November 8, 2022, as the State points out. We reverse and remand for the court to correct this calculation error. We affirm the restitution order in all other respects.
REVERSED AND REMANDED for further proceedings consistent with this opinion. JAY, HARRIS, and BOATWRIGHT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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