DJR v. State
District Court of Appeal of Florida
1Opinion of the CourtWolf, J.
Appellant, DJR, challenges the trial court’s order awarding restitution specifically as it pertains to three computers that he took from a school. He argues the trial court erred in granting restitution in the *459amount of the replacement value, rather than fair market value. We find that there was insufficient evidence to support the trial court’s award of replacement value for the three computers and reverse and remand for a new hearing.
The State has the burden to prove the amount of restitution by the greater weight of the evidence. See State v. Childers, 979 So.2d 412, 414 (Fla. 1st DCA…
2Cases cited5 opinions
- State v. HawthorneSupreme Court of Florida · 1991
- I.M. v. StateDistrict Court of Appeal of Florida · 2005
- Johnson v. BearyDistrict Court of Appeal of Florida · 1995
- State v. ChildersDistrict Court of Appeal of Florida · 2008
- Gilileo v. StateDistrict Court of Appeal of Florida · 2006
3Cited by4 opinions
- S.M. v. StateDistrict Court of Appeal of Florida · 2015
- Mark Anthony Tolbert v. State of FloridaDistrict Court of Appeal of Florida · 2019
- Holt v. StateDistrict Court of Appeal of Florida · 2016
- O. W., A Child v. State of FloridaDistrict Court of Appeal of Florida · 2017