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524 So. 2d 740

524 So.2d 740

13 Fla.L.Weekly 1194

McWilliams v. State

District Court of Appeal of Florida · decided 1988-05-18

Cited by 1 later decisions — most recently May 2012

1 state decisions

Relies on 347 So. 2d 1021 - Fresneda v. State · 506 So. 2d 479 - Riley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-18

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PER CURIAM.

¶1Willie Frank McWilliams was tried and found guilty of burglary and grand theft. The item stolen was a VCR with a value of $399.95. As a part of the sentence the trial court ordered restitution in the sum of $1,174.95. As conceded by the state, restitution cannot require payment in excess of the amount of damages which the defendant caused the victim. Fresneda v. State, 347 So.2d 1021 (Fla.1977) and Riley v. State, 506 So.2d 479 (Fla. 4th DCA 1987). The proper and maximum amount of restitution was the value of the VCR, $399.95, plus the cost of replacing the window broken by McWilliams in the course of the burglary, $400.00, for a total of $799.95.

¶2We reverse and remand with instructions to correct the amount of restitution required in accordance herewith.

¶3REVERSED AND REMANDED.

HERSEY, C.J., and DELL and WALDEN, JJ., concur.
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