5D01-1802 State v. Williams

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1802

Case Date: 01/28/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

STATE OF FLORIDA, Appellant, v. Case No. 5D01-1802 FREDERICK WILLIAMS, Appellee. / Opinion filed February 1, 2002 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellant. No Appearance for Appellee. ORFINGER, R. B., J. The State of Florida appeals a restitution order entered by the trial court which failed to include an award for income lost by the victim, Eduardo Macias-Castan, as a result of the aggravated battery committed on him by the defendant, Frederick Williams. We agree that the failure to properly consider such an award was error and remand the matter for further proceedings. Frederick Williams was found guilty of committing an aggravated battery on Mr. Macias-Castan, who sustained fractured bones in his face, a fractured jaw and other significant medical and emotional injuries as a consequence of Williams's crime. As a result

of the injuries he sustained, Mr. Macias-Castan's ability to work was severely limited. An evidentiary hearing was conducted on the State's motion for restitution and the trial court ordered restitution for Mr. Macias-Castan's medical bills. The court declined to award any lost income to Mr. Macias-Castan, concluding that "the civil courts are the more appropriate venue to comprehensively address the lost wages" sustained by the victim. Lost income may provide a basis for a restitution award. See

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