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CHEEK v. STATE

No. 96-3556.

700 So.2d 731 (1997)

Michael CHEEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 28, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.

DAUKSCH, Judge.

This is an appeal from an order of restitution in a driving with a suspended license case. We quash the order.

Appellant backed an automobile into the roadway into the path of another vehicle, causing a crash. At the time he was operating the car his driving privileges had been suspended by the state, so he was charged with driving on a suspended license. At his sentencing the judge ordered him to pay restitution for the damages caused by the...

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