Legal Opinion

Dreyer v. State

District Court of Appeal of Florida

Decided September 22, 2010No. 2D07-3903PublishedCited by 2 opinions

1Opinion of the Court

MORRIS, Judge.

William Dreyer appeals his conviction and sentence for exploitation of the elderly, as well as an order and judgment requiring him to pay restitution in the amount of $31,570. We affirm Dreyer’s conviction and sentence without comment, but we reverse the order and judgment of restitution because the only evidence supporting the amount of restitution was hearsay evidence.

“When the amount of restitution is in dispute, as in this case, the state has the burden of demonstrating by a preponderance of the evidence the amount of the victim’s loss.” Thomas v. State, 581 So.2d 992, 993…

2Cases cited5 opinions

  1. Thomas v. StateDistrict Court of Appeal of Florida · 1991
  2. Dietz v. StateDistrict Court of Appeal of Florida · 1988
  3. Moore v. StateDistrict Court of Appeal of Florida · 1997
  4. Medlock v. StateDistrict Court of Appeal of Florida · 1989
  5. Atkins v. StateDistrict Court of Appeal of Florida · 1999

3Cited by2 opinions

  1. Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013
  2. Nelson v. StateDistrict Court of Appeal of Florida · 2012

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