Legal Opinion
Payne v. State
District Court of Appeal of Florida
Decided June 2, 2004No. 2D03-2161PublishedCited by 3 opinions
1Opinion of the Court
NORTHCUTT, Judge.
Donald Payne challenges the amount of restitution imposed after he pleaded no contest to one count of felony battery. We agree that the State failed to prove that the victim’s damages were caused by Payne’s offense or were directly related to *622the criminal episode. See § 775.089(l)(a), Fla. Stat. (2001). We therefore reverse the restitution order and remand for a new hearing.
The State’s only evidence concerning the amount of the victim’s loss was a report and payment record from the Crimes Compensation Trust Fund, which showed it had paid the victim $5324 for undescribed…
2Cases cited5 opinions
- Glaubius v. StateSupreme Court of Florida · 1997
- A.J. v. StateDistrict Court of Appeal of Florida · 1996
- State v. RileySupreme Court of Florida · 1994
- Strickland v. StateDistrict Court of Appeal of Florida · 1999
- Kirk v. StateDistrict Court of Appeal of Florida · 2004
3Cited by3 opinions
- City of Treasure Island v. Tahitian Treasure Island, LLCDistrict Court of Appeal of Florida · 2017
- Davis v. StateDistrict Court of Appeal of Florida · 2017
- Latham v. StateDistrict Court of Appeal of Florida · 2016