McLEOD v. STATE

No. 2D00-657.

773 So.2d 1169 (2000)

Belinda McLEOD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 15, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Belinda McLeod challenges the part of her sentence which requires her to pay $500 restitution for an uncollectible credit card payment made on her open Badcock Home Furnishings account. She argues that Badcock was left in the same position after she made the uncollectible payment as it was before the payment was made and, therefore, suffered no actual loss. We agree and reverse.

McLeod used a stolen American Express credit card to make a $500...

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