Florida District Courts of Appeal, 2006

Bryant v. State

Bryant v. State
Florida District Courts of Appeal · Decided April 21, 2006 · Benton, Kahn, Wolf
926 So. 2d 478; 2006 Fla. App. LEXIS 5742; 2006 WL 1041141 (Southern Reporter, Second Series)

Bryant v. State

Opinion of the Court

PER CURIAM.

Jerome Bryant appeals his conviction for burglary of a structure and his sentence, including an order of restitution. We affirm the conviction and habitual offender sentence; however, we reverse the order of restitution to the extent that it orders $9000 of restitution for thefts that were, as the state concedes, not proven. See Perez v. State, 596 So.2d 487, 488 (Fla. 5th DCA 1992) (β€œIt [is] error to order restitution on the uncharged counts.”). Reversed and remanded.

KAHN, C.J., WOLF, and BENTON, JJ., concur.

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