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HAGAN v. STATE

No. 99-236.

746 So.2d 1241 (1999)

Larry D. HAGAN v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 29, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Sherri Tolar Rollison, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We affirm appellant's conviction and sentence, but reverse the restitution order and remand for redetermination of the amount of restitution, because the state failed to carry its burden of proving the amount of the victim's loss, as required by section 775.089(7), Florida Statutes (1997).

It is well established that in determining the amount of restitution, the trial court is not tied to the fair market value as the sole standard, but may exercise...

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