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M.M.S. v. STATE

No. 2D03-3347.

877 So.2d 941 (2004)

M.M.S., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 28, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

M.M.S. appeals an order requiring him to pay restitution in the amount of $2500. The State concedes, and we agree, that the trial court improperly relied on hearsay evidence in determining the value of a stolen ring, and therefore, a new restitution hearing is necessary.

At the restitution hearing, the victim testified that the stolen ring had been a gift from her mother-in-law.1 The victim obtained an estimate...

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