Legal Opinion

Cherry v. State

District Court of Appeal of Florida

Decided July 17, 2009No. 2D08-3178Published

1Opinion of the Court

WALLACE, Judge.

Aunterrio J. Cherry appeals an order directing him to pay restitution to a county detention facility for the costs of medical services provided to him while he was an inmate at the facility. Because the medical expenses were unrelated to Mr. Cherry’s offense, the trial court erred in ordering him to pay these costs to the detention facility as restitution. Accordingly, we reverse the restitution order.

THE FACTS

Mr. Cherry was charged with committing a battery on a law enforcement officer and misdemeanor possession of marijuana. A jury acquitted him on the battery charge, but it…

2Cases cited5 opinions

  1. Glaubius v. StateSupreme Court of Florida · 1997
  2. Delks v. StateDistrict Court of Appeal of Florida · 1993
  3. Comeau v. StateDistrict Court of Appeal of Florida · 1992
  4. Bellot v. StateDistrict Court of Appeal of Florida · 2007
  5. Morran v. StateDistrict Court of Appeal of Florida · 1995

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