Smith v. State, 590 So. 2d 1112

RYDER, Acting Chief Judge.

Simon Smith appeals from his conviction and sentence for robbery. He raises two points on appeal. We find merit in his second argument that the trial court improperly included in the order of restitution the lost wages of the victim. The amount of restitution a probationer is required to pay the victim of a crime cannot exceed the amount of damages or loss caused directly or indirectly by a defendant's offense. Fresneda v. State, 347 So.2d 1021 (Fla.1977); Morel v. State, 547 So.2d 341 (Fla. 2d DCA 1989).

We affirm the appellant’s conviction and sentence, but reverse and set aside the order of restitution and remand for proceedings in accordance with this opinion.

FRANK and HALL, JJ., concur.

Case Details

Case Name: Smith v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 27, 1991

Citations: 590 So. 2d 1112; 1991 WL 275551; 1991 Fla. App. LEXIS 13479; No. 90-02483

Docket Number: No. 90-02483

Court Abbreviation: Fla. Dist. Ct. App.