SIMMONS v. STATE

No. 96-2458.

697 So.2d 985 (1997)

Joseph SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 1997.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, Judge.

In contesting the restitution order entered in appellant's criminal prosecution, the appellant claims that the trial court improperly admitted and relied on inadmissible hearsay testimony. The trial court admitted and permitted testimony concerning a list of items which were on the truck stolen by the appellant. Because the list was not a business record within the evidence code, the evidence was inadmissible. We therefore reverse the restitution order...

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