V.B. v. State

District Court of Appeal of Florida

V.B. v. State

75 So. 3d 363, 2011 Fla. App. LEXIS 18594

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 2011

DocketNo. 1D11-2621

StatusPublished

Cited by2 cases

This text of 75 So. 3d 363 (V.B. 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.

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V.B. v. State, 75 So. 3d 363, 2011 Fla. App. LEXIS 18594 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Appellant correctly asserts, and the state properly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly ad[364]*364mitted at the restitution hearing over appellant’s objection. Butler v. State, 970 So.2d 919 (Fla. 1st DCA 2007); Forlano v. State, 964 So.2d 246 (Fla. 1st DCA 2007); I.M. v. State, 958 So.2d 1014 (Fla. 1st DCA 2007); Herrington v. State, 828 So.2d 286 (Fla. 1st DCA 2002). Accordingly, we reverse the trial court’s restitution determination and remand for a new restitution hearing. Forlano, 964 So.2d at 246; Herrington, 823 So.2d at 286-87.

REVERSED and REMANDED.

WETHERELL, MARSTILLER, and SWANSON, JJ„ concur.

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PER CURIAM.

Appellant correctly asserts, and the state properly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly ad[364]*364mitted at the restitution hearing over appellant’s objection. Butler v. State, 970 So.2d 919 (Fla. 1st DCA 2007); Forlano v. State, 964 So.2d 246 (Fla. 1st DCA 2007); I.M. v. State, 958 So.2d 1014 (Fla. 1st DCA 2007); Herrington v. State, 828 So.2d 286 (Fla. 1st DCA 2002). Accordingly, we reverse the trial court’s restitution determination and remand for a new restitution hearing. Forlano, 964 So.2d at 246; Herrington, 823 So.2d at 286-87.

REVERSED and REMANDED.

WETHERELL, MARSTILLER, and SWANSON, JJ„ concur.

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75 So. 3d 363, 2011 Fla. App. LEXIS 18594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vb-v-state-fladistctapp-2011.

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