Bruce Carl Stutzman, I I v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket2D18-2868
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
BRUCE CARL STUTZMAN, II, )
)
Appellant, )
)
v. ) Case No. 2D18-2868
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed June 24, 2020.
Appeal from the Circuit Court for Polk
County; Wayne M. Durden, Judge.
Ita M. Neymotin, Regional Counsel, and
Stacy L. Haverfield, Assistant Regional
Counsel, Office of Criminal Conflict and
Civil Regional Counsel, Second District,
Fort Myers, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Peter Koclanes,
Assistant Attorney General, Tampa, for
Appellee.
SLEET, Judge.
Bruce Carl Stutzman challenges his conviction and sentence, including
the imposition of restitution, for the offense of organized scheme to defraud in an
amount more than $50,000. With regard to the restitution imposed, the State properly
concedes that the trial court made a mathematical error in calculating the final amount.
In reducing the requested fee for the 150 employee hours spent investigating and
calculating the amounts stolen from $85 an hour to $40 an hour, the trial court
incorrectly included $6750 in the final restitution amount. The correct figure should
have been $6000 ($40 x 150 hours). As such, we reverse the restitution order only to
the extent that the trial court erroneously included $750 due to a mathematical error and
remand for entry of a corrected order. We affirm without comment Stutzman's
conviction and sentence in all other respects.
Affirmed in part, reversed in part, and remanded.
KHOUZAM, C.J., and ATKINSON, J., Concur.
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