CRUZ v. STATE

No. 93-2322.

646 So.2d 759 (1994)

Abelardo E. CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing December 27, 1994.


Attorney(s) appearing for the Case

J. David Bogenschutz of Bogenschutz & Dutko, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


PARIENTE, Judge.

This is an appeal from a restitution order of $1,010,336. Defendant argues that the trial court improperly determined the amount of loss and failed to consider his ability to pay.

Defendant is a self-employed accountant. The crimes for which he was charged arose out of a business relationship in which he served as the victims' financial adviser. Due to the position of trust which defendant occupied, he had access to the victims' bank accounts...

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