Damon Christopher Depew v. State of Florida

FIFTH D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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Case No. 5D2025-0396
L.T. Case No. 05-2022-CF-10071-A
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D AMON C HRISTOPHER DEPEW,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Brevard County.
Charles Grooms Crawford, Judge.
Matthew J. Metz, Public Defender, and Victoria Rose
Cordero, Assistant Public Defender, Daytona Beach, for
Appellant.
James Uthmeier, Attorney General, Tallahassee, and Tabitha
Mills, Assistant Attorney General, Daytona Beach, for Appellee.
January 2, 2026
PER CURIAM.
Damon Depew appeals an order of restitution stemming from
an adjudication of guilt for battery in 2022. During the hearing to
establish the amount of restitution, the victim gave testimony that
described a series of hospital visits that she asserted related back
to the battery. She also provided the medical records from her
initial emergency room visit. No other witnesses testified, and no
other medical records or bills were submitted.

2
“It is axiomatic for purposes of determining the amount of
restitution to a victim for medical expenses incurred or to be
incurred that the victim’s testimony must be corroborated with
billing records.” Boone v. State, 112 So. 3d 676, 677 (Fla. 4th DCA
2013). Here, the State did not submit copies of any of the medical
bills at the restitution hearing and only presented the victim’s
uncorroborated testimony. The State appropriately concedes that
the amount of the restitution order was therefore in error and that
Appellant is entitled to a new restitution hearing where the victim
can present medical bills for past medical expenses. Accordingly,
we reverse and remand for a new restitution hearing.
R EVERSED and R EMANDED.
JAY , C.J., and H ARRIS and M AC IVER , JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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