Opinion
Case No. 96-3308
Opinion filed June 20, 1997
Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.
James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm the appellant's judgment and sentence. However, we strike the requirement that he pay $2,879.70 in restitution because evidence was presented that this restitution had been paid. The state properly concedes error on this point. Accordingly, the restitution order is stricken.
Judgment and sentence AFFIRMED; restitution order STRICKEN.
COBB, GOSHORN and ANTOON, J.J., concur.