Moore v. State, 664 So. 2d 343 (Fla. Dist. Ct. App. 1995)

Cases | Moore v. State, 664 So. 2d 343 (Fla. Dist. Ct. App. 1995) | 2018

The defendant pled nolo contendere to the lesser included charge of battery and was sentenced to restitution of $21,383.90 after he and several others attacked the victim. On appeal, the defendant argued that since he was one of several defendants, the order of restitution was improper. The court of appeals held that “where a defendant commits a criminal offense in concert with others a court has discretion to require the defendant to pay the full amount of restitution;” so although the State could not prove it was the defendant’s actions that caused the victim’s injuries, ordering the defendant to pay full restitution was proper. However, the court reduced the amount because it was not supported by the evidence presented at court. The order was affirmed as modified.