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V. B. v. State

District Court of Appeal of Florida, First District
Nov 22, 2011
75 So. 3d 363 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D11–2621.

2011-11-22

V.B., a child, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. David M. Gooding, Judge.Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.


An appeal from the Circuit Court for Duval County. David M. Gooding, Judge.Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant correctly asserts, and the state properly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly admitted at the restitution hearing over appellant's objection. Butler v. State, 970 So.2d 919 (Fla. 1st DCA 2007); Forlano v. State, 964 So.2d 246 (Fla. 1st DCA 2007); I.M. v. State, 958 So.2d 1014 (Fla. 1st DCA 2007); Herrington v. State, 823 So.2d 286 (Fla. 1st DCA 2002). Accordingly, we reverse the trial court's restitution determination and remand for a new restitution hearing. Forlano, 964 So.2d at 246; Herrington, 823 So.2d at 286–87.

REVERSED and REMANDED.

WETHERELL, MARSTILLER, and SWANSON, JJ., concur.


Summaries of

V. B. v. State

District Court of Appeal of Florida, First District
Nov 22, 2011
75 So. 3d 363 (Fla. Dist. Ct. App. 2011)
Case details for

V. B. v. State

Case Details

Full title:V. B., a child, Appellant v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 22, 2011

Citations

75 So. 3d 363 (Fla. Dist. Ct. App. 2011)

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