STATE v. KIRBY

No. 5D01-2567.

818 So.2d 689 (2002)

STATE of Florida, Appellant, v. Gary Kent KIRBY, Appellee.

District Court of Appeal of Florida, Fifth District.

June 14, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellee.


THOMPSON, C.J.

The state appeals an order denying restitution. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(M). We reverse.

Gary Kent Kirby was found guilty by a jury of driving under the influence resulting in serious bodily injury to another on February 23, 2001. Kirby was adjudicated guilty and sentenced to five years of probation, a downward departure.

Independent of the criminal case, the victim in this...

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