WALLS v. STATE (2025)

District Court of Appeal of Florida, Third District.

William WALLS, Appellant, v. The STATE of Florida, Appellee.

No. 3D24-1652

Decided: July 30, 2025

Before EMAS, FERNANDEZ and BOKOR, JJ.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant. James Uthmeier, Attorney General, and Camilo Montoya, Assistant Attorney General, for appellee.

William Walls appeals the trial court's restitution order, which was entered following an August 27, 2024 post-sentencing restitution hearing. Taking into account the State's concession and our review of the record, we reverse and remand the restitution order with instructions to subtract the $1,000 insurance deductible from the restitution amount and affirm as to all other issues finding no abuse of discretion. See State v. Hawthorne, 573 So. 2d 330, 332-33 (Fla. 1991) (“This Court has recognized that ‘[t]he statutory provisions requiring the imposition of restitution recognize the discretion of the trial court in determining the amount of restitution.’ ” (quoting Spivey v. State, 531 So. 2d 965, 966 (Fla.1988))); Koile v. State, 902 So. 2d 822, 824 (Fla. 5th DCA 2005) (“Restitution must be proved by substantial competent evidence.”).

Reversed and remanded with instructions.

FERNANDEZ, J.

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