Third District Court of Appeal
State of Florida
Opinion filed July 16, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D13-1532
Lower Tribunal No. 11-20356
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Benjamin Schumacher,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose L.
Fernandez, Judge.
Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Mary-Grace L. Mendoza, Assistant
Attorney General, for appellee.
Before WELLS, ROTHENBERG, and SCALES, JJ.
ROTHENBERG, J.
Benjamin Schumacher (“the defendant”) pled guilty to grand theft and
dealing in stolen property in exchange for a sentence of probation and the payment
of restitution to the victim. Following a restitution hearing, the trial court ordered
restitution for six of the items stolen for a total restitution amount of $28,400.
Based on our review of the evidence and the State’s partial confession of error
regarding the restitution ordered for two of the items—a sleigh bed ($1,200) and a
Spode china set ($1,200)—we affirm the restitution ordered for the silver tray, two
table tops, and Edwardian bedroom set and reverse the restitution ordered for the
sleigh bed and Spode china set, as there was insufficient evidence to support the
amounts ordered on those two items. See Thompson v. State,
68 So. 3d 425, 426
(Fla. 4th DCA 2011) (providing that “[f]air market value is calculated by reference
to four factors: (1) the original market cost; (2) the manner in which the items
were used; (3) the general condition and quality of the items; and (4) the
percentage of depreciation.”).
Affirmed in part; reversed in part.
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