Noland v. State, 734 So. 2d 464 (Fla. Dist. Ct. App. 1999)

Cases | Noland v. State, 734 So. 2d 464 (Fla. Dist. Ct. App. 1999) | 2018

The defendant pled nolo contendere to dealing in stolen property and third degree grand theft of a VCR and video tapes and was placed on probation for three years. The court awarded restitution, including $125 for a refrigerator that the victim testified went missing on the same day as the other items went missing. On appeal, the defendant argued that “it was error to award restitution for missing items not encompassed within the charging document and that there was insufficient evidence that he was responsible for the loss of the refrigerator and grill.” The court of appeals held that the refrigerator was “entirely outside the scope of the criminal prosecution” and including restitution for its loss constituted fundamental error. The restitution order was reversed and remanded.