From Casetext: Smarter Legal Research

Ibrahim v. State

District Court of Appeal of Florida, Fifth District
Feb 13, 2004
866 So. 2d 749 (Fla. Dist. Ct. App. 2004)

Summary

holding that defendant could not be ordered to pay restitution for stolen safe where there was no testimony as to the fair market value of the safe at the time it was stolen

Summary of this case from Walters v. State

Opinion

Case No. 5D03-1584.

Opinion filed February 13, 2004.

Appeal from the Circuit Court for Brevard County, Jack Griesbaum, Judge.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


Immon Nabil Ibrahim appeals the amount of restitution imposed after he pled guilty to burglary of a dwelling and grand theft. Ibrahim and his co-defendants burglarized the victim's home, stealing a safe containing valuables. After a hearing, the trial court ordered restitution in the amount of $40,000 for the items taken.

Ibrahim contends that the court erred when it ordered restitution for the stolen safe, which the victim testified cost $350, but was replaced with a more secure safe at a cost of $1,007. There was no testimony as to the fair market value of the safe at the time it was taken.

Generally, fair market value, not replacement value, is the correct measure of damages. J.F.H. v. State, 849 So.2d 1151, 1152 (Fla. 5th DCA 2003). Fair market value takes into consideration not only the purchase price, but the manner in which the item was used, its condition and depreciation. Korica v. State, 791 So.2d 543, 544 (Fla. 2d DCA 2001). Fair market value of the property should be used for restitution purposes, unless that amount will not fully compensate the victim. State v. Hawthorne, 573 So.2d 330 (Fla. 1991). Additionally, the State concedes that the trial court erroneously awarded restitution in the amount of $2,400 for an 18 carat gold rope chain, when the victim testified that the value of the chain at the time of the theft was $2,300.

In its answer brief, the State argues other errors in the restitution order. As those matters were not preserved for appeal, we need not consider them.

We affirm the restitution order except as to the two items referenced herein. On remand, the court shall reduce the restitution award for the gold chain by $100. The State may request a new restitution hearing to establish the fair market value of the safe if it so chooses. See J.F.H., 849 So.2d at 1152. Otherwise, the value assigned by the trial court for the safe shall be stricken.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

PETERSON and THOMPSON, JJ., concur.


Summaries of

Ibrahim v. State

District Court of Appeal of Florida, Fifth District
Feb 13, 2004
866 So. 2d 749 (Fla. Dist. Ct. App. 2004)

holding that defendant could not be ordered to pay restitution for stolen safe where there was no testimony as to the fair market value of the safe at the time it was stolen

Summary of this case from Walters v. State

agreeing with the State's concession "that the trial court erroneously awarded restitution in the amount of $2,400 for an 18 [k]arat gold rope chain, when the victim testified that the value of the chain at the time of the theft was $2,300"

Summary of this case from M.P. v. State
Case details for

Ibrahim v. State

Case Details

Full title:IMMON NABIL IBRAHIM, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 13, 2004

Citations

866 So. 2d 749 (Fla. Dist. Ct. App. 2004)

Citing Cases

Toole v. State

Despite the statute, the rules, the case law, and the constitutional amendment, proving restitution continues…

H.L.C. v. State

Fair market value is generally the appropriate value to be utilized in determining the amount of restitution.…