Henry v. State, 840 So. 2d 1170 (Fla. Dist. Ct. App. 2003)

Cases | Henry v. State, 840 So. 2d 1170 (Fla. Dist. Ct. App. 2003) | 2018

The defendant pled guilty to exploitation of an elderly person, and was ordered to pay restitution to the victim, her father. At the restitution hearing, the State presented documentary evidence of the victim’s loss and the defendant testified she misappropriated $112,886.87 while acting under a power of attorney granted by her father to handle his financial affairs; the court awarded $239,899.93. On appeal, the defendant challenged the amount of restitution she was ordered to pay. Because the State’s documentary evidence showed all cash transactions of the victim’s accounts, not merely improper expenditures, the court of appeals found that the evidence was not detailed enough to establish that all expenditures the State had the burden of proving to be lost by the victim, were, in fact, improper. The order was reversed and remanded with instructions.