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J.F.H. v. STATE

No. 5D02-696.

849 So.2d 1151 (2003)

J.F.H., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 18, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

The State has moved for rehearing of our opinion striking an order of restitution, expressing surprise that the measure of damages for the theft of personal property by the defendant would be fair market value, not replacement value, and asserting the right to a second restitution hearing to prove fair market value. It appears the weight of authority supports their demand. See, e.g., Fletcher v. State,

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