Johnson v. State
District Court of Appeal of Florida
1Opinion of the CourtTorpy, J.
Appellant challenges the restitution order entered against him after he pled guilty to exploitation of an elderly person. After hearing, the trial court awarded restitution in the amount of $450,534.57. We reverse and remand for a new restitution hearing.
At the restitution proceeding, State presented testimony from the victim’s attorney, the victim’s daughter, and an affidavit from the victim’s accountant. We think this testimony was insufficient to support the restitution award because it was speculative and hearsay.
The victim’s attorney testified only to statements made to him by the…
2Cases cited6 opinions
- Glaubius v. StateSupreme Court of Florida · 1997
- Miller v. StateDistrict Court of Appeal of Florida · 2003
- Moore v. StateDistrict Court of Appeal of Florida · 1997
- Herrington v. StateDistrict Court of Appeal of Florida · 2002
- Layman v. StateDistrict Court of Appeal of Florida · 1999
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3Cited by5 opinions
- McKown v. StateDistrict Court of Appeal of Florida · 2010
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- Horahan v. StateDistrict Court of Appeal of Florida · 2014
- Schenk v. StateDistrict Court of Appeal of Florida · 2014
- J.A.B. v. StateDistrict Court of Appeal of Florida · 2014