Opinion
No. 1D05-2525.
April 21, 2006.
An appeal from the Circuit Court of Duval County. L. Page Haddock, Judge.
Nancy A. Daniels, Public Defender; Marjorie C. Holladay, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.
Jerome Bryant appeals his conviction for burglary of a structure and his sentence, including an order of restitution. We affirm the conviction and habitual offender sentence; however, we reverse the order of restitution to the extent that it orders $9000 of restitution for thefts that were, as the state concedes, not proven. See Perez v. State, 596 So.2d 487, 488 (Fla. 5th DCA 1992) ("It [is] error to order restitution on the uncharged counts."). Reversed and remanded.
KAHN, C.J., WOLF, and BENTON, JJ., concur.