Legal Opinion

D.E.M. v. State

District Court of Appeal of Florida

Decided March 28, 2013No. 1D12-3491PublishedCited by 6 opinions

1Per curiam

The trial court adjudicated D.E.M. delinquent of burglary of a dwelling and committed him to a high-risk residential program. In this appeal, D.E.M. asserts error only in the court’s imposing an amount of restitution based on the victim’s mere speculation regarding the value of a coin collection taken during the offense. We reverse the restitution order and remand for a new hearing.

Facts

Rodney McLean testified at the July 2012 restitution hearing that he was the victim of a residential burglary on December 22, 2011. The items stolen included a laptop computer, a cell phone, jewelry, a watch,…

2Cases cited8 opinions

  1. State v. HawthorneSupreme Court of Florida · 1991
  2. Bennett v. StateDistrict Court of Appeal of Florida · 2006
  3. Peters v. StateDistrict Court of Appeal of Florida · 1990
  4. Gonzalez v. StateDistrict Court of Appeal of Florida · 2010
  5. Soriano v. StateDistrict Court of Appeal of Florida · 2007

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3Cited by6 opinions

  1. Duncan v. StateDistrict Court of Appeal of Florida · 2016
  2. CRICKET KATHLEEN TOOLE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  3. Grant v. StateDistrict Court of Appeal of Florida · 2018
  4. Heather Grant v. State of FloridaDistrict Court of Appeal of Florida · 2018
  5. Tara Jeanine Tanksley v. State of FloridaDistrict Court of Appeal of Florida · 2025

1 more not listed; retrieve them via the Exa API.

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