Legal Opinion

Dagerath v. State

District Court of Appeal of Florida

Decided November 21, 2012No. 4D11-529PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The defendant appeals from an order to pay restitution in a case where he was convicted of: (1) trespass of a structure, as a lesser included offense of burglary of a structure; and (2) trespass of a conveyance, as a lesser included offense of burglary of a conveyance. He argues the state did not present competent, substantial evidence that the trespass offenses directly or indirectly caused, or were related to, the damages and loss upon which the court based the restitution order. We agree with the defendant in part and reverse part of the restitution order.

The state presented the following…

2Cases cited6 opinions

  1. Glaubius v. StateSupreme Court of Florida · 1997
  2. Schuette v. StateSupreme Court of Florida · 2002
  3. Hunter v. StateDistrict Court of Appeal of Florida · 2010
  4. S.M. v. StateDistrict Court of Appeal of Florida · 2004
  5. K.N. v. StateDistrict Court of Appeal of Florida · 2011

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3Cited by1 opinion

  1. Parague v. StateDistrict Court of Appeal of Florida · 2017

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