Montalvo v. State, 705 So. 2d 984 (Fla. Dist. Ct. App. 1998)

Cases | Montalvo v. State, 705 So. 2d 984 (Fla. Dist. Ct. App. 1998) | 2018

The defendant pled nolo contendere to grand theft second degree and was sentenced to two years probation and restitution after stealing cruise tickets and amenities from his former employer, a cruise line. At the restitution hearing, the victim’s insurance company testified as to losses. The trial court entered restitution of $12,197 after finding the defendant was able to pay $500 per month. On appeal, the defendant argued that the State failed to establish by a preponderance of the evidence that he caused a loss to the cruise line in the amount ordered. The court of appeals held that the State did meet its burden because the proof necessary in a restitution trial need not be as extensive as it is at a civil trial because “the purpose of restitution is not only to compensate the victim, but also to serve the rehabilitative, deterrent, and retributive goals of the criminal justice system.” The order was affirmed.