Catoe v. State

COBB, Judge.

On appeal, the defendant argues that he should not have been required to pay restitution to the victim’s family. We agree.

Section 775.089(l)(c), Florida Statutes (1991) states:(c) The term “victim” as used in this section and in any provision of law relating to restitution includes the aggrieved party, the aggrieved party’s estate if the aggrieved party is deceased, and the aggrieved party’s next of kin if the aggrieved party is deceased as a result of the offense.

The families of Catoe’s rape victims, none of whom are deceased, are not encompassed within the statutory language of…