Summary
reversing for a new restitution hearing where award was based on improper hearsay evidence concerning the cost of repairs to an automobile
Summary of this case from Williams v. StateOpinion
Case No. 2D01-3618
Opinion filed December 20, 2002.
Appeal from the Circuit Court for Polk County; Charles Lee Brown, Judge.
James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.
Richard E. Doran, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Erin Sherwood appeals her judgments and sentences, challenging only the orders of restitution. We reverse one order of restitution in the amount of $2,296.64 entered on July 17, 2001. The State concedes that this order was based on improper hearsay evidence concerning the cost to repair a 1989 Oldsmobile Delta 88. We reverse and remand the order entered on July 17, 2001, for a new restitution hearing. See Moore v. State, 694 So.2d 836 (Fla. 2d DCA 1997). All other orders on appeal are affirmed.
Affirmed in part, reversed in part, and remanded for proceedings pursuant to this opinion.
ALTENBERND, NORTHCUTT, and DAVIS, JJ., Concur.