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McWILLIAMS v. STATE

No. 87-3327.

524 So.2d 740 (1988)

Willie Frank McWILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Willie Frank McWilliams was tried and found guilty of burglary and grand theft. The item stolen was a VCR with a value of $399.95. As a part of the sentence the trial court ordered restitution in the sum of $1,174.95. As conceded by the state, restitution cannot require payment in excess of the amount of damages which the defendant caused the victim. Fresneda v. State, 347 So.2d 1021 (Fla. 1977) and Riley v...

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