Barnett appeals from a restitution order, contending that the trial court erred by applying the wrong measure of damages in determining the amount of restitution to be paid for the victim's damaged and destroyed property. We agree. Absent special circumstances, the correct measure of damages is fair market value, not replacement value. See J.D.H. v. State,
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BARNETT v. STATE
No. 5D10-3606.
72 So.3d 786 (2011)
Raymond Glenn BARNETT, Appellant, v. STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.https://leagle.com/images/logo.png
October 14, 2011.
October 14, 2011.
Attorney(s) appearing for the Case
James S. Purdy , Public Defender, and Noel A. Pelella , Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Appellee.
District Court of Appeal of Florida, Fifth District.
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