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Chiramonte v. State

District Court of Appeal of Florida, Second District
Jul 9, 2004
881 So. 2d 1136 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D03-4354.

July 9, 2004.

Appeal from the Circuit Court for Hillsborough County; Ronald N. Ficarrotta, Judge.

James Marion Moorman, Public Defender and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


Michael Chiramonte appeals the restitution order entered following his guilty plea to burglary of a structure, grand theft, and grand theft of a motor vehicle. After a hearing, the court awarded the sum of $2100 in restitution for $2000 in damage to the truck and $100 for the cost of recovering stolen air tools. The State concedes, and we agree, that the $2000 assessment imposed by the court was based on improper hearsay evidence concerning the cost to repair damage to the truck. We reverse and remand the order entered April 28, 2003, for a new restitution hearing. See Sherwood v. State, 832 So.2d 926 (Fla. 2d DCA 2002).

Reversed and remanded for further proceedings.

DAVIS and SILBERMAN, JJ., concur.


Summaries of

Chiramonte v. State

District Court of Appeal of Florida, Second District
Jul 9, 2004
881 So. 2d 1136 (Fla. Dist. Ct. App. 2004)
Case details for

Chiramonte v. State

Case Details

Full title:Michael CHIRAMONTE, Appellant, v. STATE of Florida, Appellees

Court:District Court of Appeal of Florida, Second District

Date published: Jul 9, 2004

Citations

881 So. 2d 1136 (Fla. Dist. Ct. App. 2004)