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Thar v. State, Case No. 2D08-1331 (Fla. App. 4/29/2009) (Fla. App., 2009)

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DIANA K. THAR, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-1331. District Court of Appeal of Florida, Second District. Opinion filed April 29, 2009.Appeal from the Circuit Court for Lee County, Thomas S. Reese, Judge. James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee. DAVIS, Judge. Diana K. Thar appeals her judgment and sentence for grand theft specifically challenging the trial court’s order setting restitution and order denying her motion for rehearing on the order setting restitution. Because there is nothing in the record to show that Thar received actual notice of the restitution hearing and because the trial court failed to allow her to testify to that effect at the hearing on her motion for rehearing, we reverse the order of restitution and remand for the trial court to reconsider the issue of restitution after conducting a properly noticed evidentiary hearing at which Thar has an opportunity to be heard...continue to full post

Full post as published by Florida Criminal Law Opinions on April 29, 2009 (boomark / email).