Thomas v. State, 89-00791
| Decision Date | 28 June 1991 |
| Docket Number | No. 89-00791,89-00791 |
| Parties | James B. THOMAS, Appellant, v. STATE of Florida, Appellee. 581 So.2d 992, 16 Fla. L. Week. D1714 |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.
The appellant, James B. Thomas, after pleading nolo contendere to the charges of burglary of a dwelling and grand theft, challenges a subsequent trial court order directing him to pay $8500 in restitution. We reverse.
The appellant pled nolo contendere to the charges of burglary of a dwelling and grand theft. The trial court accepted his plea and, after adjudicating him guilty of those offenses, sentenced him as a youthful offender to two concurrent sentences of two years imprisonment to be followed by three years of probation. At the conclusion of a restitution hearing, the court ordered him to pay the sum of $8500 in restitution. The appellant filed a timely notice of appeal.
We agree with the appellant's contention that the state did not present sufficient, competent evidence to support the court's determination of the amount of restitution. Section 775.089(1)(a), Florida Statutes (1987), requires the trial court to impose restitution unless it finds reasons not to do so. When the amount of restitution is in dispute, as in this case, the state has the burden of demonstrating by a preponderance of the evidence the amount of the victim's loss. The state did not meet its burden in this case.
The victim testified at the restitution hearing that twenty guns had been taken from her residence and that these guns had never been recovered. The victim was unable to give her own opinion of the value of the weapons. She instead presented slips of paper indicating the serial numbers and the value of the guns. These slips of paper were obtained by the victim from the owner and an employee of a gun shop. The figures had been written on paper after the two men referred to certain books. The appellant's objection to this evidence on the basis of hearsay was denied, the evidence was admitted, and the appellant was ordered to pay $8500 in restitution.
While hearsay evidence may be used to determine the amount of restitution if there is no proper objection to that evidence, the appellant in this case made a proper...
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Reynolds v. State
...court may rely on the hearsay evidence of recommended restitution amounts from a PSI to make its determination. See Thomas v. State, 581 So.2d 992 (Fla. 2nd DCA 1991); Flanagan v. State, 536 So.2d 275 (Fla. 2nd DCA 1988). In the proceedings below, however, counsel for appellant timely reque......
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T.J.N. v. State
...... the state has the burden of demonstrating by a preponderance of the evidence the amount of the victim's loss." Thomas v. State, 581 So.2d 992, 993 (Fla. 2d DCA 1991). Hearsay evidence may not be used to determine the amount of restitution when there is a proper objection by the defense ......
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Smith v. State, 5D01-316.
...DCA 1993)(hearsay evidence inadmissible to prove amount of restitution where defendant made timely objection)(citing Thomas v. State, 581 So.2d 992, 993 (Fla. 2d DCA 1991)). The trial court should have conducted an evidentiary hearing once the defendant objected to the restitution amount. S......
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Moore v. State, 96-02356
...Given the defendant's timely objection, this hearsay evidence was inadmissible to prove the amount of restitution. See Thomas v. State, 581 So.2d 992 (Fla. 2d DCA 1991). Because the State failed to meet its burden of demonstrating by a preponderance of the evidence the amount of the loss, w......