Cozzens v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WILLIAM COZZENS, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) _________________________________ ) Case No. 2D14-1150 Opinion filed November 6, 2015. Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge. Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal A. Faruqui, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. A jury convicted William Cozzens of burgling a dwelling. On appeal, he challenges the trial court's decision to allow into evidence a statement Cozzens made to police. We find no error in this ruling, and we affirm the conviction. But the State and we agree with Cozzens's additional complaint that the court imposed restitution without holding a hearing. We reverse the order and judgment of restitution. On remand the court may reimpose restitution only if it first conducts a restitution hearing. Affirmed in part, reversed in part, and remanded. ALTENBERND and CRENSHAW, JJ., Concur. 2

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