Legal Opinion

Oliver v. State

District Court of Appeal of Florida

Decided March 7, 2001No. 2D00-1363Published

1Opinion of the Court

DAVIS, Judge.

Oliver challenges the circuit court’s order requiring him to pay $10,741.74 in restitution and $130 in investigative costs as conditions of his probation.

Oliver argues, and the State acknowledges, that the State did not meet its burden in demonstrating the amount of loss to be compensated for by restitution. § 775.089(7), Fla. Stat. (1997); Lunsford v. State, 637 So.2d 348 (Fla. 5th DCA 1994). We agree, and reverse and remand for a separate hearing on the restitution amount.

The State argues that these issues were not preserved for appeal because Oliver did not specifically argue…

2Cases cited1 opinion

  1. Lunsford v. StateDistrict Court of Appeal of Florida · 1994

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