DANIEL JACOBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Daniel Jacobs appeals a restitution order arguing that the trial court abused its discretion in ordering him to pay $21,000 in restitution when the State produced no evidence that the túpelo honey which he was charged with fraudulently taking from the victim was worth $1.47 per pound rather than $1.25 per pound. The State concedes that the trial court’s award of restitution was based on speculation and contends the proper remedy is to reverse the order and allow the State to provide supplemental evidence that the proper measure of damages is $1.47 per pound or, in the absence of further evidence, the trial court should enter a restitution order in the amount of $16,252. We agree. Forlano v. State, 964 So.2d 246 (Fla. 1st DCA 2007); Aboyoun v. State, 842 So.2d 238, 240 (Fla. 2d DCA 2003).
REVERSED and REMANDED for further proceedings consistent with this opinion.
WOLF, KAHN, and VAN NORTWICK, JJ., concur.
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Citator
Cited By
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The Just. Admin. Comm'n v. Stanford, 16 So. 3d 1003 (Fla. 1st DCA 2009)…o were appointed to represent the grandparents of a juvenile in a dependency proceeding. As indicated in Justice Administrative Commission v. Peterson, 989 So. 2d 663 (Fla. 2d DCA 2008), and reiterated in Justice Administrative Commission v. Grover, 12 So. 3d 1256 (Fla. 1st DCA 2009), the grandparents do not have a constitutional or statutory right to such [*1004] counsel and there is no authority to compel the JAC to effect payment of these fees. The circuit court thus departed from the essential requirement…
Authorities Cited
- Aboyoun v. State, 842 So. 2d 238 (Fla. 2d DCA 2003)
- Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007)
- Ramirez v. State, 964 So. 2d 246 (Fla. 1st DCA 2007)