¶1Jerome Bryant appeals his conviction for burglary of a structure and his sentence, including an order of restitution. We affirm the conviction and habitual offender sentence; however, we reverse the order of restitution to the extent that it orders $9000 of restitution for thefts that were, as the state concedes, not proven. See Perez v. State, 596 So.2d 487, 488 (Fla. 5th DCA 1992) (“It [is] error to order restitution on the uncharged counts.”). Reversed and remanded.
926 So. 2d 478
Bryant v. State
District Court of Appeal of Florida
Decided April 21, 2006
District Court of Appeal of Florida · decided 2006-04-21
Relies on 596 So. 2d 487 - Perez v. State
Decided 2006-04-21