Florida District Courts of Appeal, 2011

V.B. v. State

Florida District Courts of Appeal · Decided November 22, 2011 · Marstiller, Swanson, Wetherell

75 So. 3d 363; 2011 Fla. App. LEXIS 18594 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

Nelson v. State (Fla. Dist. Ct. App. 2012)
VB v. State (Fla. Dist. Ct. App. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant correctly asserts, and the state properly concedes, the trial court erred in ordering restitution based upon hearsay evidence that was improperly ad*364mitted 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, 828 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.

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