L.A.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
L.A.R., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
563 So. 2d 836
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the restitution order. The losses on which the order was based were clearly not caused by the offenses to which appellant pled guilty. The remaining charge was nolle-prossed on a negotiated plea with no reservation for restitution.
REVERSED.
DANIEL, C.J., and COWART and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Triplett v. State, 709 So. 2d 107 (Fla. 5th DCA 1998)…a criminal defendant actually pled, even though several crimes (or greater crimes) were committed as part of the criminal episode. See Hebert v. State, 600 So. 2d 1293, 1294 (Fla. 1st DCA 1992), approved, 614 So. 2d 493 (Fla.1993); L.A.R. v. State, 563 So. 2d 836 (Fla. 5th DCA 1990). The companion amendment adding subsection (b)2 to the same statute supports this interpretation. The correct test for restitution is whether “but for” the criminal episode, the damages would have been incurred by the victim. Gl…
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Hebert v. State, 600 So. 2d 1293 (Fla. 1st DCA 1992)…der (that was admittedly based on evidence establishing a value of the items the defendant was charged with stealing as being well in excess of $300) with instructions to limit restitution for the property stolen to $300. See, also, L.A.R. v. State, 563 So. 2d 836 (Fla. 5th DCA 1990). The result reached by the Fifth District in Peralta is facially logical and legally pristine, but, upon deeper consideration of the issue, we must disagree with its approach in situations involving a plea agreement which does n…