WILLIAM WALLS
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court must subtract an insurance deductible from the restitution amount ordered against a defendant.
[1] An insurance deductible must be subtracted from the restitution amount ordered against a defendant, as the defendant should not be required to compensate for losses that…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The statutory provisions requiring the imposition of restitution recognize the discretion of the trial court in determining the amount of restitution.”
Court citing State v. Hawthorne for the principle that trial courts have discretion in determining restitution amounts, subject to statutory requirements.
William Walls was sentenced and a post-sentencing restitution hearing was held on August 27, 2024. The trial court entered a restitution order that di…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Restitution Order cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed July 30, 2025. Not final until disposition of timely filed motion for rehearing.
No. 3D24-1652 Lower Tribunal No. F23-23343
William Walls, Appellant, vs. The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Carmen Cabarga, Judge.
Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Camilo Montoya, Assistant Attorney General, for appellee.
Before EMAS, FERNANDEZ and BOKOR, JJ.
FERNANDEZ, J.
William Walls appeals the trial court’s restitution order, which was entered following an August 27, 2024 post-sentencing restitution hearing. Taking into account the State’s concession and our review of the record, we reverse and remand the restitution order with instructions to subtract the $1,000 insurance deductible from the restitution amount and affirm as to all other issues finding no abuse of discretion. See State v. Hawthorne, 573 So. 2d 330, 332-33 (Fla. 1991) (“This Court has recognized that ‘[t]he statutory provisions requiring the imposition of restitution recognize the discretion of the trial court in determining the amount of restitution.’” (quoting Spivey v. State, 531 So. 2d 965, 966 (Fla.1988))); Koile v. State, 902 So. 2d 822, 824
(Fla. 5th DCA 2005) (“Restitution must be proved by substantial competent evidence.”). Reversed and remanded with instructions.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Spivey v. State, 531 So. 2d 965 (Fla. 1988)
- Koile v. State, 902 So. 2d 822 (Fla. 5th DCA 2005)