Legal Opinion

Duby v. State

District Court of Appeal of Florida

Decided March 9, 1995No. 93-3189Published

1Opinion of the Court

MICKLE, Judge.

Vicki Lee Duby (Appellant) appeals an order imposing restitution in the amount of $98,642.00 as a condition of community control. § 948.03(l)(e), Fla.Stat. (1991) (provision for making restitution a condition of probation or community control). We conclude that a preponderance of the evidence in the record supports the $98,642.00 figure as the amount of “loss caused directly or indirectly by the defendant’s offense[s]” of grand theft and dealing in stolen property. § 775.089(l)(a), (6) & (7), Fla.Stat. (1991) (restitution statute); Touchton v. State, 616 So.2d 1124, 1125 (Fla.…

2Cases cited15 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. Bull v. StateSupreme Court of Florida · 1989
  3. Spivey v. StateSupreme Court of Florida · 1988
  4. Jones v. StateDistrict Court of Appeal of Florida · 1978
  5. Ballance v. StateDistrict Court of Appeal of Florida · 1984

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