Kelley v. State, 720 So. 2d 272 (Fla. Dist. Ct. App. 1998)

Cases | Kelley v. State, 720 So. 2d 272 (Fla. Dist. Ct. App. 1998) | 2018

The defendant pled guilty to operating a chop shop and was ordered to pay restitution to the victims and their insurers. On appeal, the defendant argued that the acts he was convicted of did not cause the victims’ losses because there was no proof that he had stolen any of the vehicles involved and challenged the amount of restitution ordered. The court of appeals held that “[i]t is not necessary that the State offer evidence of appellant’s actual involvement in the theft of the vehicles for which restitution is ordered.” The State conceded error in the amount of one of the orders of restitution. The court vacated that order and remanded another for rehearing so that the salvage amount of one of the vehicles may be determined and deducted from the restitution order