STUTZMAN II v. STATE (2020)

District Court of Appeal of Florida, Second District.

Bruce Carl STUTZMAN, II, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2868

Decided: June 24, 2020

Ita M. Neymotin, Regional Counsel, and Stacy L. Haverfield, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Second District, Fort Myers, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.

Bruce Carl Stutzman challenges his conviction and sentence, including the imposition of restitution, for the offense of organized scheme to defraud in an amount more than $50,000. With regard to the restitution imposed, the State properly concedes that the trial court made a mathematical error in calculating the final amount. In reducing the requested fee for the 150 employee hours spent investigating and calculating the amounts stolen from $85 an hour to $40 an hour, the trial court incorrectly included $6750 in the final restitution amount. The correct figure should have been $6000 ($40 x 150 hours). As such, we reverse the restitution order only to the extent that the trial court erroneously included $750 due to a mathematical error and remand for entry of a corrected order. We affirm without comment Stutzman's conviction and sentence in all other respects.

Affirmed in part, reversed in part, and remanded.

SLEET, Judge.

KHOUZAM, C.J., and ATKINSON, J., Concur.

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