Legal Opinion · Dissent

Durand v. State

District Court of Appeal of Florida

Decided December 4, 1991No. Nos. 90-0590, 90-0702Published

1DissentAnstead, Judge

I disagree that appellants could properly be ordered to pay restitution for medical expenses related to the charge of aggravated battery for which they were acquitted. See State v. Williams, 520 So.2d 276 (Fla.1988) (restitution could not be ordered for injuries sustained in an accident where defendant was convicted only of leaving the scene of the accident). Here, appellants were actually acquitted of both aggravated battery and armed burglary. There is no basis in the record for concluding that the injuries involved were caused by a trespass to the structure, arguably a conviction based…

2Cases cited3 opinions

  1. State v. WilliamsSupreme Court of Florida · 1988
  2. Barkley v. StateDistrict Court of Appeal of Florida · 1991
  3. Small v. StateDistrict Court of Appeal of Florida · 1991

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