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Martel v. State

District Court of Appeal of Florida, Second District
Mar 11, 1992
596 So. 2d 100 (Fla. Dist. Ct. App. 1992)

Summary

In Martel v. State, 596 So.2d 100 (Fla. 2d DCA 1992), the Second District rejected a restitution award for travel and accommodation expenses the owner of the stolen property incurred upon returning home to Florida from North Carolina to investigate after learning of some of the thefts.

Summary of this case from Schneider v. State

Opinion

No. 91-01090.

March 11, 1992.

Appeal from the Circuit Court, Manatee County, Thomas M. Gallen, J.

James Marion Moorman, Public Defender, and Tonja R. Vickers, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellee.


Defendant appeals from the amount of restitution he was ordered to pay upon his convictions for grand theft and dealing in stolen property. We agree with his contentions and reverse.

Defendant first challenges the amount of restitution for travel and accommodation expenses the owner of the stolen property incurred upon returning home to Florida from North Carolina to investigate after learning of some of the thefts. We agree that these expenses were too remote. See Cliburn v. State, 510 So.2d 1155 (Fla. 3d DCA 1987).

Defendant also challenges the amount of restitution for the theft of a number of items which were taken from the owner's premises but which were not listed in the information and which defendant did not admit taking when he pleaded nolo contendere. We agree that there was error in that regard. See O'Conner v. State, 587 So.2d 596 (Fla. 2d DCA 1991).

Reversed and remanded for proceedings consistent herewith.

RYDER, A.C.J., and DANAHY, J., concur.


Summaries of

Martel v. State

District Court of Appeal of Florida, Second District
Mar 11, 1992
596 So. 2d 100 (Fla. Dist. Ct. App. 1992)

In Martel v. State, 596 So.2d 100 (Fla. 2d DCA 1992), the Second District rejected a restitution award for travel and accommodation expenses the owner of the stolen property incurred upon returning home to Florida from North Carolina to investigate after learning of some of the thefts.

Summary of this case from Schneider v. State
Case details for

Martel v. State

Case Details

Full title:JOHN MARTEL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 11, 1992

Citations

596 So. 2d 100 (Fla. Dist. Ct. App. 1992)

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Schneider v. State

See J.S. v. State, 717 So.2d 175 (Fla. 4th DCA 1998). In Martel v. State, 596 So.2d 100 (Fla. 2d DCA 1992),…

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