VB v. State

75 So. 3d 363, 2011 WL 5843021
Procedural entryThis page is a short order in VB v. State. Read the opinion of the Court — 2011 Fla. App. LEXIS 18594
District Court of Appeal of Florida·Decided November 22, 2011·No. 1D11-2621·Published

Opinion

75 So.3d 363 (2011)

V.B., a child, Appellant,
v.
STATE of Florida, Appellee.

No. 1D11-2621.

District Court of Appeal of Florida, First District.

November 22, 2011.

Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant correctly asserts, and the state properly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly admitted *364 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, 823 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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Related

Forlano v. State
964 So. 2d 246 (District Court of Appeal of Florida, 2007)
Butler v. State
970 So. 2d 919 (District Court of Appeal of Florida, 2007)
V.B. v. State
75 So. 3d 363 (District Court of Appeal of Florida, 2011)
Herrington v. State
823 So. 2d 286 (District Court of Appeal of Florida, 2002)
I.M. v. State
958 So. 2d 1014 (District Court of Appeal of Florida, 2007)