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646 So. 2d 305

Bowen v. State

District Court of Appeal of Florida

Decided December 22, 1994

District Court of Appeal of Florida · decided 1994-12-22

Cited by 1 later decisions — most recently March 1997

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-22

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PER CURIAM.

¶1The judgment and sentence are affirmed. The restitution order is vacated. The record clearly reflects, and the state concedes, that the stolen items on which the restitution was based had been taken in a 1990 burglary by appellant, not the 1992 break-in of which appellant was convicted. The fact that the fingerprints obtained in the 1992 ease showed appellant also committed the 1990 burglary will not support the restitution. Restitution must be for loss caused directly or indirectly by the defendant’s offense. § 775.089(l)(a), Fla.Stat. (1991).

¶2JUDGMENT and SENTENCE AFFIRMED, RESTITUTION VACATED.

HARRIS, C.J., and W. SHARP and GRIFFIN, JJ., concur.
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