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Barnett v. State

72 So. 3d 786, 2011 Fla. App. LEXIS 16180, 2011 WL 5108624
CourtDistrict Court of Appeal of Florida
DecidedOctober 14, 2011
Docket5D10-3606
StatusPublished

This text of 72 So. 3d 786 (Barnett v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnett v. State, 72 So. 3d 786, 2011 Fla. App. LEXIS 16180, 2011 WL 5108624 (Fla. Ct. App. 2011).

Opinion

*787 PER CURIAM.

Barnett appeals from a restitution order, contending that the trial court erred by applying the wrong measure of damages in determining the amount of restitution to be paid for the victim’s damaged and destroyed property. We agree. Absent special circumstances, the correct measure of damages is fair market value, not replacement value. See J.D.H. v. State, 931 So.2d 241 (Fla. 5th DCA 2006); Walters v. State, 888 So.2d 150 (Fla. 5th DCA 2004); Ibrahim v. State, 866 So.2d 749 (Fla. 5th DCA 2004); J.F.H. v. State, 849 So.2d 1151 (Fla. 5th DCA 2003).

REVERSED AND REMANDED FOR NEW RESTITUTION HEARING.

MONACO, EVANDER and COHEN, JJ., concur.

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Related

Ibrahim v. State
866 So. 2d 749 (District Court of Appeal of Florida, 2004)
Walters v. State
888 So. 2d 150 (District Court of Appeal of Florida, 2004)
J.F.H. v. State
849 So. 2d 1151 (District Court of Appeal of Florida, 2003)
J.D.H. v. State
931 So. 2d 241 (District Court of Appeal of Florida, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
72 So. 3d 786, 2011 Fla. App. LEXIS 16180, 2011 WL 5108624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-state-fladistctapp-2011.