Legal Opinion · Dissent

State v. Castro

District Court of Appeal of Florida

Decided September 5, 2007No. 3D06-1809Published

1DissentGreen, J.

In this case the State Attorney, on behalf of the victim, CVS Pharmacy, .claimed *220and sought additional restitution from defendant, Manuel Castro, above and beyond the value of the undamaged merchandise confiscated from him at the time of his arrest. Neither the victim nor the State was able to substantiate the claimed amounts with any evidence despite having-several opportunities to do so. In the absence of any such evidence, the trial court denied restitution pursuant to section 775.089(7), Florida Statutes (2006). The court specifically found that the victim’s claimed additional loss was…

2Cases cited14 opinions

  1. Glaubius v. StateSupreme Court of Florida · 1997
  2. Koile v. StateSupreme Court of Florida · 2006
  3. White v. StateSupreme Court of Florida · 2002
  4. Schuette v. StateSupreme Court of Florida · 2002
  5. Kirby v. StateSupreme Court of Florida · 2003

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