State of Florida v. Mary Gayle Tomasheski

The State, appeals a restitution order. It argues the court erred in limiting restitution to $20,001. We agree and reverse.

The State charged the defendant with grand theft from persons sixty-five years of age or older and an organized scheme to defraud more than $50,000. The State alleged that the defendant, the victims’ caregiver, knowingly obtained $50,000 or more from them. The verdict form allowed the jury to determine the monetary value range for the grand theft and organized scheme to defraud counts; five value ranges were provided.

The jury found the defendant guilty of grand theft of…