Herrington v. State

Full title: NICKY HERRINGTON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Aug 12, 2002

823 So. 2d 286 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D01-0811

Opinion filed August 12, 2002.

An appeal from the Circuit Court for Duval County. Michael R. Weatherby, Judge.

Nancy A. Daniels, Public Defender; Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Kenneth D. Pratt, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Because the trial court erred in setting the amount of restitution in favor of Ryder Trucks based on hearsay evidence to which the defendant properly objected, we reverse the restitution order in favor of Ryder and remand for another restitution hearing. Boyle v. State, 589 So.2d 1015 (Fla.2d DCA 1991).

BOOTH, WOLF and LEWIS, JJ., CONCUR.