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596 So. 2d 515

Docket No. 91-01460.

Ochoa v. State

Eliazar Juan OCHOA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 1, 1992.

District Court of Appeal of Florida · decided 1992-04-01

Key passage — most relied on by later courts

“damages were not sufficiently related to either of the offenses of which he was convicted.”

quoted by 1 later decision, including 822 So. 2d 1275 - Schuette v. State

Relies on 520 So. 2d 276 - State v. Williams · 571 So. 2d 485 - Stewart v. State · Labar v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-04-01

How this case has been cited

Cited by 7 later decisions — most recently January 2013

7 state decisions

30199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Eliazar Juan Ochoa pled guilty to leaving the scene of an accident with injury or death and driving without a valid driver's license. In this appeal he challenges several of his conditions of probation.

¶5We agree with appellant that the restitution ordered for damages caused by the accident was error because the damages were not sufficiently related to either of the offenses of which he was convicted. See State v. Williams,520 So.2d 276 (Fla. 1988), and Stewart v. State,571 So.2d 485 (Fla. 2d DCA 1990). Consequently, we remand for the trial judge to strike that portion of the probation order requiring restitution. Because it was not orally pronounced, we remand for the trial judge to strike special condition (6) of the probation order. Labar v. State,584 So.2d 37 (Fla. 2d DCA 1991). We otherwise affirm.

¶6Affirmed but remanded with directions.

¶7SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.

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