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SMITH v. STATE

No. 5D01-316.

801 So.2d 1043 (2001)

Marion Alonzo SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 21, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.

Marion Alonzo Smith appeals his sentence following his conviction for burglary of a structure. We reverse.

During his plea and sentencing hearing, the state raised the issue of restitution:

The only other thing I would ask the Court, other than imposing the full thirty-six month term is, I would ask that a judgment be imposed against the defendant for the cost of the travel for these victims to come down here. This defendant knew well...

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