Hagan v. State, 746 So. 2d 1241 (Fla. Dist. Ct. App. 1999)

Cases | Hagan v. State, 746 So. 2d 1241 (Fla. Dist. Ct. App. 1999) | 2018

On appeal, the defendant challenged the order of restitution. The court of appeals held that the state failed to “produce evidence of the fair market value of [the stolen sofa and end table, television, and compact discs] at the time of the offense, either through direct testimony, or through evidence of” one of the following factors: “1) the original cost, 2) the manner in which the item was used, 3) the general condition and quality of the item, and 4) the percentage of the depreciation.” The conviction and sentence were affirmed, the order of restitution was reversed and remanded for further proceedings.