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596 So. 2d 100

Docket No. 91-01090.

Martel v. State

John MARTEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1992-03-11

Cited by 3 later decisions — most recently January 2008

3 state decisions

Relies on 510 So. 2d 1155 - Cliburn v. State · O'CONNER v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-11

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¶1*101 James Marion Moorman, Public Defender, and Tonja R. Vickers, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellee.

¶3LEHAN, Judge.

¶4Defendant 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.

¶5Defendant 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).

¶6Defendant 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).

¶7Reversed and remanded for proceedings consistent herewith.

¶8RYDER, A.C.J., and DANAHY, J., concur.

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