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Fleming v. State

District Court of Appeal of Florida, First District
Aug 15, 1989
547 So. 2d 668 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-995.

June 30, 1989. On Motion for Rehearing August 15, 1989.

An appeal from the Circuit Court for Columbia County, Wallace M. Jopling, Judge.

Michael E. Allen, Public Defender, and David P. Gauldin, Special Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


The conviction is affirmed. The court's imposition of restitution in the amount of $850.00 is reversed, and the cause is remanded for a determination of the value of the unrecovered guns stolen on July 17, 1987, and an imposition of restitution in that amount. See Thrasher v. State, 528 So.2d 474 (Fla. 1st DCA 1988).

WENTWORTH, NIMMONS and ZEHMER, JJ., concur.


ON MOTION FOR REHEARING


The State of Florida moves for rehearing of our decision to remand this case to the lower court to determine the value of the two unrecovered guns stolen on July 17, 1987, and impose restitution in that amount. The state asserts in its motion that the value of the guns could be determined from the presentence investigation report before the court below, which is in the record on appeal. Because at the sentencing hearing the defendant did not raise a bona fide objection to the presentence investigation report and the value of the guns recited therein, hearsay evidence was sufficient to determine the amount of restitution. Flanagan v. State, 536 So.2d 275 (Fla. 1988). Therefore, the motion for rehearing is granted. We reverse and remand with directions to modify the restitution order to require payment of restitution in the amount of $387.50, the value of the unrecovered guns that were stolen on July 17, 1987.

Appellant did not file a response to the motion for rehearing.

WENTWORTH and NIMMONS, JJ., concur.


Summaries of

Fleming v. State

District Court of Appeal of Florida, First District
Aug 15, 1989
547 So. 2d 668 (Fla. Dist. Ct. App. 1989)
Case details for

Fleming v. State

Case Details

Full title:LARRY ALVIN FLEMING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 15, 1989

Citations

547 So. 2d 668 (Fla. Dist. Ct. App. 1989)

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