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EPLEY v. STATE

No. 1D08-5296.

11 So.3d 1006 (2009)

Thomas Eugene EPLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 6, 2009.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges an order of restitution awarding $3,597.91, representing the replacement value of the goods stolen. Fair market value, however, rather than replacement value, is the correct measure of restitution. See Walters v. State, 888 So.2d 150 (Fla. 5th DCA 2004). In the absence of any record evidence establishing that the fair market value of the stolen items would not adequately compensate the...

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