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650 So. 2d 227

Denny v. State

District Court of Appeal of Florida

Decided February 17, 1995

District Court of Appeal of Florida · decided 1995-02-17

Relies on Dyer v. State

Decided 1995-02-17

HARRIS, Chief Judge.

¶1William Leighton Denny appeals that portion of his sentence requiring him to pay restitution for a ring not included within his nolo contendere plea and not agreed to in the negotiated sentence. We reverse.

¶2*228Although the ring was found to be missing at about the same time Denny admits taking certain property, there was no proof or admission that he took this particular ring. See Dyer v. State, 622 So.2d 1158 (Fla. 5th DCA 1993).

¶3REVERSED and REMANDED to remove restitution for this ring from the judgment.

COBB and THOMPSON, JJ., concur.
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