Maurice Shuntell Mitchell v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2025-1024
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M AURICE SHUNTELL M ITCHELL ,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
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On appeal from the County Court for Alachua County.
Susan Miller-Jones, Judge.
May 13, 2026
P ER C URIAM.
Maurice 	Mitchell 	appeals 	the 	trial 	court’s 	order 	setting
restitution. He argues that the trial court erred in awarding
restitution for four items, only two of which merit discussion. We
agree that the trial court erred in awarding restitution for the
victim’s Medicare bill because it encompasses her Medicare Part B
premium for a six-month coverage period, not medical treatment
related to her injuries from the accident. See §§ 775.089(1)(a) &
(2)(a), Fla. Stat. (2024). We also agree that the trial court erred in
awarding restitution for the victim’s car loan balance. Because
insurance paid out the fair market value of the car, the remaining
balance on the loan was “a product of [the victim’s] financial
decision,” not Appellant’s conduct. Tolbert v. State, 268 So. 3d 947,
948–49 (Fla. 1st DCA 2019).

2
We therefore A FFIRM in part, R EVERSE in part, and R EMAND
for entry of a corrected restitution order.
LEWIS, R OBERTS, and KELSEY , 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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Jessica J. Yeary, Public Defender, and Jasmine Russell Dixon,
Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Kristie Regan, Assistant
Attorney General, Tallahassee, for Appellee.