B. A. D., A CHILD, AND T. K. C., A CHILD, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1980-02-13
Nos. PP-214, PP-215
ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.
379 So. 2d 1311 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The restitution order attending this probation for the two minor appellants is not erroneous for requiring each to repay $172.00, one-third of the aggregate thefts by appellants and another using the same credit card. Assuming that, an evidentiary hearing is not required on the amount of each child’s separate charges on the card. The words “or such other amount deemed due by the probation counselor” are stricken from the order, which is otherwise

AFFIRMED.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.


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  • Pollreisz v. State, 406 So. 2d 1297 (Fla. 1st DCA 1981)
    …conduct. Fresneda v. State, 347 So. 2d 1021 (Fla.1977). But where criminal activity is undertaken in concert with others, the method of pro-rating any required restitution is a matter within the discretion of the trial judge. Cf., B. A. D. v. State, 379 So. 2d 1311 (Fla. 1st DCA 1980). We find no abuse of discretion in the circumstances of the present case. The order appealed is affirmed. McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.…

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