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J.D. v. State

District Court of Appeal of Florida, Third District
May 28, 1997
693 So. 2d 146 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2980

Opinion filed May 28, 1997.

An appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge.

Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Mark Rosenblatt, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and GREEN, JJ.


CONFESSION OF ERROR

J.D. appeals from an order of restitution requiring him to pay $598.79, plus court fees for damages made to the Truman School in Monroe County. Upon the State's proper confession of error, we reverse the trial court's order of restitution where the damage estimates relied upon to support the restitution amount were improperly based entirely on inadmissable hearsay evidence and the defendant properly objected to its admission. See J.L. v. State, 684 So.2d 883, 884 (Fla. 3d DCA 1996); Louis v. State, 654 So.2d 1290, 1290 (Fla. 3d DCA 1995); Branker v. State, 650 So.2d 195, 196 (Fla. 4th DCA 1995); Boyle v. State, 589 So.2d 1015, 1015 (Fla. 2d DCA 1991). Accordingly, we remand this cause for a new restitution hearing consistent with this opinion.


Summaries of

J.D. v. State

District Court of Appeal of Florida, Third District
May 28, 1997
693 So. 2d 146 (Fla. Dist. Ct. App. 1997)
Case details for

J.D. v. State

Case Details

Full title:J.D., a juvenile, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 28, 1997

Citations

693 So. 2d 146 (Fla. Dist. Ct. App. 1997)

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