Maurice Shuntell Mitchell v. State of Florida

Summary

The First District Court of Appeal of Florida reviewed an order setting restitution in a criminal case. It held that the trial court improperly included the victim’s Medicare Part B premiums and the remaining balance on the victim’s car loan, and remanded for entry of a corrected restitution order.

Holdings

1. The trial court erred by awarding restitution for the victim's Medicare bill because the bill included a six-month Medicare Part B premium rather than medical treatment related to injuries from the accident.
2. The trial court erred by awarding restitution for the victim's remaining car loan balance after insurance paid the car's fair market value.

Questions Presented

1. Whether restitution could include the victim's Medicare Part B premium for a six-month coverage period rather than medical treatment related to injuries from the accident.
2. Whether restitution could include the remaining balance on the victim's car loan after insurance paid the car's fair market value.

Disposition

reversed_and_remanded