Graham v. State

Javon Graham was convicted of committing an armed robbery with a firearm1 and grand theft.2 The trial court entered a restitution order in the amount of $640. This amount represented $140 in actual damages sustained by the victim and $500 in lost wages to the victim. On appeal, Mr. Graham asserts that the award of lost wages was improper because the state failed to submit competent evidence regarding the victim’s claim for lost wages. We agree.

Lost wages may provide a basis for a restitution award. See § 775.089(2)(b), Fla. Stat. (1995). However, if the amount of the award is objected to, a…