V.B. v. State

Decision Date22 November 2011
Docket NumberNo. 1D11–2621.,1D11–2621.
PartiesV.B., a child, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

OPINION TEXT STARTS HERE

An appeal from the Circuit Court for Duval County. David M. Gooding, Judge.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 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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2 cases
  • Nelson v. State
    • United States
    • Florida District Court of Appeals
    • July 31, 2012
    ...non-admitted business records, and hearsay evidence admitted at the restitution hearing over appellant's objection. See V.B. v. State, 75 So.3d 363 (Fla. 1st DCA 2011); Dreyer v. State, 46 So.3d 613, 615 (Fla. 2d DCA 2010); Ritch v. State, 14 So.3d 1104, 1107 (Fla. 1st DCA 2009); Butler v. ......
  •  Wojick v. State, 1D11–0918.
    • United States
    • Florida District Court of Appeals
    • November 22, 2011
    ...Appeal of Florida, First District. Nov. 22, 2011. An appeal from an order of the Judge of Compensation Claims. Stephen L. Rosen, Judge. [75 So.3d 363] Bill McCabe, Longwood, and Scott R. Marshall, Clearwater, for Appellant.James M. Hess, Maitland, for Appellees.PER CURIAM. In this workers' ......

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