Barone v. State
| Decision Date | 21 July 2017 |
| Docket Number | Case No. 5D16–1225 |
| Citation | 222 So.3d 1235 |
| Court | Florida District Court of Appeals |
| Parties | Stephen Vincent BARONE, Appellant, v. STATE of Florida, Appellee. |
James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
After careful consideration, we affirm Appellant's convictions of organized scheme to defraud, criminal use of personal identification, grand theft of $100,000 or more, grand theft of $20,000 or more, and two counts of money laundering financial instruments totaling or exceeding $100,000. We also affirm Appellant's sentences which consist of several five and ten year concurrent prison terms followed by twenty years probation. However, we reverse the restitution order that required Appellant to pay $508,031.79 to Chase Bank and $56,964.67 to Wells Fargo Bank because it was entered without a hearing and without Appellant's waiver of a hearing. We remand for the trial court to conduct a hearing regarding restitution and for entry of an amended restitution order.
When restitution is sought in a criminal proceeding, the State has the burden of proving a victim's loss by the preponderance of the evidence. Moore v. State , 643 So.2d 2, 2 (Fla. 2d DCA 1994). A trial court should not enter a restitution order without a hearing absent an agreement by the defendant. See Bell v. State , 652 So.2d 1192, 1193 (Fla. 4th DCA 1995) .
Below, Appellant specifically objected to the restitution amounts proposed for Chase Bank and Wells Fargo Bank and requested the trial court to conduct a restitution hearing. Although the trial court indicated that a hearing would be permitted, it nevertheless entered the restitution order without conducting a hearing. In Gardipee v. State , 620 So.2d 255, 255 (Fla. 2d DCA 1993), the appellant objected to the amount of restitution being requested by the state during the sentencing hearing. While the trial court stated that the appellant would be permitted a restitution hearing, it was never held. The trial court later...
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