Tullis v. State, 692 So. 2d 229 (Fla. 1st DCA 1997). · Go Syfert
Search
Tullis v. State, 692 So. 2d 229 (Fla. 1st DCA 1997). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: D.E.M. v. State (fladistctapp, 2013-03-28)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) D.E.M. v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
See Soriano v. State, 968 So.2d 112, 115 (Fla. 4th DCA 2007); Bennett v. State, 944 So.2d at 526 (“Guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.”); Tullís v. State, 692 So.2d 229, 229 (Fla. 1st DCA 1997) (concluding that the victim’s “guesstimate” of the cost of repairs to a wall and office door, without any stated basis for the estimate, was legally insufficient to support the restitution amount); Peters v. State, 555 So.2d at 451 .
discussed Cited "see" D.D., a child v. State of Florida
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Tullis v. State, 692 So.2d 229 (Fla. 1st DCA 1997) (finding testimony insufficient where “the victim offered a ‘guesstimate’ of the cost of repairs to the wall and office door damaged by the bullet appellant fired, but he admitted that there was no basis for this estimate”).
discussed Cited "see" Hunter v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Tullis v. State, 692 So.2d 229, 229 (Fla. 1st DCA 1997) (striking a restitution order based on the victim’s offer of a “guesstimate” as to the cost of repairs).
cited Cited "see" Fisher v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Tullis v. State, 692 So.2d 229 (Fla. 1st DCA 1997); Smith v. State, 651 So.2d 1218, 1219 (Fla. 2d DCA 1995); C.S. v. State, 617 So.2d 863 (Fla. 1st DCA 1993).
cited Cited "see" Anderson v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Tullis v. State, 692 So.2d 229 (Fla. 1st DCA 1997).
Frank TULLIS
v.
STATE of Florida
No. 96-1412.
District Court of Appeal of Florida, First District.
Apr 14, 1997.
692 So. 2d 229
Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant., Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.
Allen, Miner, Padovano.
Cited by 5 opinions  |  Published
PER CURIAM.

Tullis raises three issues in this direct appeal from his conviction and sentence for aggravated assault. We affirm on issue one without discussion.

Appellant claims in his second issue that the restitution order must be vacated. We agree and reverse. Glaubius v. State, 688 So.2d 913 (Fla.1997)(staüng that state’s evidence for demonstrating amount of loss sustained by victim “must be established through more than mere speculation; it must be based on competent evidence”). At the hearing, the victim offered a “guesstimate” of the cost of repairs to the wall and office door damaged by the bullet appellant fired, but he admitted that there was no basis for this estimate. Accordingly, the order of restitution is stricken. On remand, the trial court should conduct a new evidentiary hearing on restitution.

We also remand on appellant’s third issue. The offense of aggravated assault with a firearm cannot be reclassified to a second degree felony because use of a firearm is an essential element of the offense. Harrelson v. State, 624 So.2d 828 (Fla. 1st[*230] DCA 1993); Ellison v. State, 538 So.2d 90 (Fla. 1st DCA 1989); Stinson v. State, 520 So.2d 680 (Fla. 1st DCA 1988). Although appellant’s guidelines seoresheet shows that aggravated assault was calculated correctly as a third degree felony, the judgment reflects conviction of aggravated assault as a second degree felony, enhanced by section 775.087, Florida Statutes. As the state concedes, the judgment must be corrected.

Accordingly, appellant’s judgment and sentence are affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

MINER, ALLEN and PADOVANO, JJ., concur.