Henninger v. State, 667 So. 2d 488 (Fla. Dist. Ct. App. 1996)

Cases | Henninger v. State, 667 So. 2d 488 (Fla. Dist. Ct. App. 1996)

After being acquitted of DUI manslaughter, the defendant was convicted for DUI and ordered to pay restitution of $12,819 to the family of the deceased driver. On appeal, he challenged his conviction and the order of restitution. The court of appeals held that the order of restitution “is...

Hector v. State, 784 So. 2d 1207 (Fla. Dist. Ct. App. 2001)

Cases | Hector v. State, 784 So. 2d 1207 (Fla. Dist. Ct. App. 2001)

The defendants were convicted of organized fraud and grand theft and ordered to pay restitution. On appeal, they challenged the order to pay investigation costs and argued that the trial court did not determine their ability to pay before imposing the restitution. “The State acknowledged that...

Harvin v. State, 690 So. 2d 652 (Fla. Dist. Ct. App. 1997)

Cases | Harvin v. State, 690 So. 2d 652 (Fla. Dist. Ct. App. 1997)

On appeal, the constitutionality of Fla. Stat. § 775.089 was questioned: does the statute, “which grants the Parole Commission the authority to impose restitution as a condition of parole, violate[] the separation of powers provision of the Florida Constitution?” The court of...

Harris v. State, 664 So. 2d 1181 (Fla. Dist. Ct. App. 1995)

Cases | Harris v. State, 664 So. 2d 1181 (Fla. Dist. Ct. App. 1995)

“The restitution order, to the extend it requires [the defendant] to pay restitution to the victim’s sibling, is reversed.”

Hagan v. State, 746 So. 2d 1241 (Fla. Dist. Ct. App. 1999)

Cases | Hagan v. State, 746 So. 2d 1241 (Fla. Dist. Ct. App. 1999)

On appeal, the defendant challenged the order of restitution. The court of appeals held that the state failed to “produce evidence of the fair market value of [the stolen sofa and end table, television, and compact discs] at the time of the offense, either through direct testimony, or through...

Graham v. State, 720 So. 2d 294 (Fla. Dist. Ct. App. 1998)

Cases | Graham v. State, 720 So. 2d 294 (Fla. Dist. Ct. App. 1998)

The defendant was convicted of armed robbery with a firearm and of grand theft and was ordered to pay to the victim $640 in restitution, including actual damages and lost wages. On appeal, the defendant argued that the lost wages portion of the award “was improper because the state failed to...

Commonwealth v. Walker, 666 A.2d 301 (Pa. Super. Ct. 1995)

Cases | Commonwealth v. Walker, 666 A.2d 301 (Pa. Super. Ct. 1995)

The defendant pled guilty to two charges arising out of a drunk driving accident that resulted in the two severely injured occupants in the other car. The defendant appealed the judgment of sentence that restitution did not apply to violations of the Motor Vehicle Code, and, in particular, to drunk...

Commonwealth v. Facer, 669 A.2d 385 (Pa. Super. Ct. 1995)

Cases | Commonwealth v. Facer, 669 A.2d 385 (Pa. Super. Ct. 1995)

After pleading guilty to forgery, theft by deception, and receiving stolen property, the defendant was placed on probation for 12 months and ordered to make restitution in an amount to be determined by the Centre County Probation Office. Roughly one year later, the trial court entered an order...

Commonwealth v. Moran, 675 A.2d 1269 (Pa. Super. Ct. 1996)

Cases | Commonwealth v. Moran, 675 A.2d 1269 (Pa. Super. Ct. 1996)

The defendant was convicted of possession of marijuana and sentenced to pay $543.99 in restitution to the Centre County District Attorney’s Office. The defendant filed a post-sentence motion, arguing that the order of restitution was improper since the jury had acquitted him of the charge...

Commonwealth v. Layhue, 687 A.2d 382 (Pa. Super. Ct. 1996)

Cases | Commonwealth v. Layhue, 687 A.2d 382 (Pa. Super. Ct. 1996)

The defendant entered a plea of nolo contendere to a conspiracy charge with respect to destroying a car by fire. The sentencing court ordered the defendant to make restitution to State Farm Insurance Company in the amount of $8,881.25. The defendant appealed, arguing that the insurance company was...