Chiramonte 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 MICHAEL CHIRAMONTE, Appellant, v. STATE OF FLORIDA, Appellees. ) ) ) ) ) ) ) ) ) ) Case No. 2D03-4354 Opinion filed July 9, 2004. Appeal from the Circuit Court for Hillsborough County; Ronald N. Ficarrotta, Judge. James Marion Moorman, Public Defender and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. COVINGTON, Judge. Michael Chiramonte appeals the restitution order entered following his guilty plea to burglary of a structure, grand theft, and grand theft of a motor vehicle. After a hearing, the court awarded the sum of $2100 in restitution for $2000 in damage to the truck and $100 for the cost of recovering stolen air tools. The State concedes, and we agree, that the $2000 assessment imposed by the court was based on improper hearsay evidence concerning the cost to repair damage to the truck. We reverse and remand the order entered April 28, 2003, for a new restitution hearing. See Sherwood v. State, 832 So. 2d 926 (Fla. 2d DCA 2002). Reversed and remanded for further proceedings. DAVIS and SILBERMAN, JJ., Concur. -2-

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