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H.L.C. v. State

District Court of Appeal of Florida, Fifth District
Mar 16, 2007
950 So. 2d 1268 (Fla. Dist. Ct. App. 2007)

Summary

holding testimony as to purchase dates and prices, condition at time of theft, and replacement values supported finding of fair market value

Summary of this case from J.R. v. State

Opinion

No. 5D06-2071.

March 16, 2007.

Appeal from the Circuit Court, Orange County, Gail Adams, J.

James S. Purdy, Public Defender, and Michael Olshefski, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


Notwithstanding the State's confession of error, we affirm the trial court's restitution order.

In a restitution proceeding, it is the State's burden to prove the amount of loss for restitution purposes. Domaceti v. State, 616 So.2d 1148 (Fla. 4th DCA 1993). The burden of proof is by a preponderance of the evidence. Santana v. State, 795 So.2d 1112 (Fla. 5th DCA 2001). Fair market value is generally the appropriate value to be utilized in determining the amount of restitution. Ibrahim v. State, 866 So.2d 749 (Fla. 5th DCA 2004).

In the present case, appellant was adjudicated guilty of grand theft. He had stolen a firearm, a holster and a small amount of ammunition from the victim. The victim testified as to the date he purchased each of these items, the respective purchase prices, their condition at the time of the theft, and their respective replacement values. Although the victim did not use the term "fair market value" in his testimony, the trial court specifically found the fair market value of the pistol was $700, the holster $50, and the ammunition $10.

We review an order of restitution using an abuse of discretion standard. State v. Hawthorne, 573 So.2d 330 (Fla. 1991). The issue is whether the restitution order was supported by competent evidence. J.D.H. v. State, 931 So.2d 241 (Fla. 5th DCA 2006).

Here, there was competent evidence to support the trial court's conclusion as to the fair market value of each of the stolen items. As we have previously stated: "Fair market value takes into consideration not only the purchase price, but the manner in which the item was used, its condition and depreciation." Ibrahim, 866 So.2d at 750.

AFFIRMED.

TORPY and LAWSON, JJ., concur.


Summaries of

H.L.C. v. State

District Court of Appeal of Florida, Fifth District
Mar 16, 2007
950 So. 2d 1268 (Fla. Dist. Ct. App. 2007)

holding testimony as to purchase dates and prices, condition at time of theft, and replacement values supported finding of fair market value

Summary of this case from J.R. v. State
Case details for

H.L.C. v. State

Case Details

Full title:H.L.C., a Child, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 16, 2007

Citations

950 So. 2d 1268 (Fla. Dist. Ct. App. 2007)

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