Opinion
Case No. 4D01-4571
Opinion filed March 5, 2003
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Larry Schack, Judge; L.T. Case No. 01-416 CF.
Carey Haughwout, Public Defender, Jeffrey Anderson and Samuel A. Walker, Assistant Public Defenders, West Palm Beach, for appellant.
Charlie Crist, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.
Appellant pled no contest to charges that she had written several checks to herself from her employer's account without permission. We agree with her argument that restitution should not have included $800 in secretarial wages because those wages would have been incurred in any event. We affirm the other amounts included in restitution but remand for deduction of the $800 item.
POLEN, C.J., KLEIN and HAZOURI, JJ., concur.