H.L.C. v. State

Notwithstanding the State’s confession of error, we affirm the trial court’s restitution order.

In a restitution proceeding, it is the State’s burden to prove the amount of loss for restitution purposes. Domaceti v. State, 616 So.2d 1148 (Fla. 4th DCA 1993). The burden of proof is by a preponderance of the evidence. Santana v. State, 795 So.2d 1112 (Fla. 5th DCA 2001). Fairmarket value is generally the appropriate value to be utilized in determining the amount of restitution. Ibrahim v. State, 866 So.2d 749 (Fla. 5th DCA 2004).

In the present case, appellant was adjudicated guilty of grand…