Legal Opinion

Almeida v. State

District Court of Appeal of Florida

Decided July 25, 2014No. 5D13-4143Published

1Per curiam

Mark Almeida appeals the restitution order requiring him to pay $12,500 to the victim, his aunt, as a condition of his probation. He was placed on probation after he entered an open plea of no contest to one count of dealing in stolen property.

Almeida argues that there is insufficient evidence to support the amount of the award. We agree. “It is the burden of the State to prove the amount of loss for restitution purposes by a preponderance of the evidence.” Box v. State, 993 So.2d 135, 136 (Fla. 5th DCA 2008). “Restitution must be proved by substantial competent evidence.” Koile v. State, 902…

2Cases cited3 opinions

  1. Koile v. StateSupreme Court of Florida · 2006
  2. Koile v. StateDistrict Court of Appeal of Florida · 2005
  3. Box v. StateDistrict Court of Appeal of Florida · 2008

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