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R.H. v. State

District Court of Appeal of Florida, Second District
Jan 11, 2008
971 So. 2d 288 (Fla. Dist. Ct. App. 2008)

Opinion

No. 2D07-1158.

January 11, 2008.

Appeal from the Circuit Court for Manatee County, Marc B. Gilner, Judge.

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


B.H. appeals the trial court's restitution order requiring her to satisfy two obligations totaling in excess of $125,000. B.H. asserts that the trial court committed two errors. First, the trial court failed to comply with section 985.437(2), Florida Statutes (2006), by not determining a restitution amount that the child could reasonably be expected to pay. Second, the trial court improperly relied on hearsay evidence in ordering the amount of restitution. The State concedes error. We agree.

Accordingly, we reverse and remand for a new evidentiary hearing.

Reversed.

FULMER, CASANUEVA, and CANADY, JJ., Concur.


Summaries of

R.H. v. State

District Court of Appeal of Florida, Second District
Jan 11, 2008
971 So. 2d 288 (Fla. Dist. Ct. App. 2008)
Case details for

R.H. v. State

Case Details

Full title:B.H., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 11, 2008

Citations

971 So. 2d 288 (Fla. Dist. Ct. App. 2008)