Florida District Courts of Appeal, 2013

Cintron v. State

Cintron v. State
Florida District Courts of Appeal · Decided November 13, 2013 · Fernandez, Rothenberg, Salter
125 So. 3d 375; 2013 WL 5994220; 2013 Fla. App. LEXIS 18030 (Southern Reporter, Third Series)

Cintron v. State

Opinion of the Court

PER CURIAM.

We agree with the State of Florida that appellant Walter Cintron is entitled to a new restitution hearing because over defense counsel’s objection, the trial court relied exclusively on hearsay when it imposed restitution. See J.L. v. State, 684 So.2d 883, 884 (Fla. 3d DCA 1996) (holding that the State cannot rely on hearsay testimony when the defense properly objects to its introduction, when proving the amount of loss attributable to stolen property). Accordingly, we remand to the trial court for a new evidentiary hearing on restitution. We affirm in all other respects.

Reversed and remanded.

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