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PAYNE v. STATE

No. 2D03-2161.

873 So.2d 621 (2004)

Donald PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 2, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Donald Payne challenges the amount of restitution imposed after he pleaded no contest to one count of felony battery. We agree that the State failed to prove that the victim's damages were caused by Payne's offense or were directly related to the criminal episode. See § 775.089(1)(a), Fla. Stat. (2001). We therefore reverse the restitution order and remand for a new hearing.

The State...

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