W.P.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
W.P.J., an eighteen year old child, appeals his adjudication of delinquency for five counts of criminal mischief. Following adjudication, appellant was committed to the Department of Health and Rehabilitative Services and ordered to pay restitution in an amount not to exceed $200 prior to his release.
We affirm the adjudication of delinquency. However, the trial court erred in imposing restitution because appellant was not placed in a community control program. A penalty in the nature of restitution may be imposed, but only if the child has been placed in a community control program. § 39.11, Fla.Stat. (1981); M.V.D. v. State, 414 So. 2d 599 (Fla. 1st DCA 1982).
Accordingly, this cause is remanded to the trial court to strike that portion of the commitment order imposing restitution. In all other respects, the order is affirmed.
GRIMES, A.C.J., and SCHEB and LE-HAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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T.D. v. State, 486 So. 2d 40 (Fla. 2d DCA 1986)…ailed to follow certain requirements of section 39.-09(3)(c). We agree. On remand, the trial court should comply with that section. A third point on appeal is that the trial court ordered defendant to make restitution. According to W.P.J. v. State, 443 So. 2d 424 (Fla. 2d DCA 1984), restitution may be imposed on a juvenile only if he has been placed in a community control program. Accordingly, the trial court erred in imposing restitution in this case because defendant was committed to the custody of HRS and…
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G.J.V. v. State, 637 So. 2d 78 (Fla. 2d DCA 1994)…ore the child’s release from commitment, order the child or parent to make restitution in money or in kind for any damage or loss caused by the child’s offense in a reasonable amount or manner to be determined by the court. Compare W.P.J. v. State, 443 So. 2d 424 (Fla. 2d DCA 1984) (where version of statute in effect, § 39.11(1)®, provided restitution sanction as part of community control program only, error to order restitution where child committed to department); see also, C.M.M. v. State, 545 So. 2d 917…
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A.G.H. v. State, 443 So. 2d 424 (Fla. 2d DCA 1984)…PER CURIAM. This case is a companion to W.P.J. v. State, 443 So. 2d 424 (Fla. 2d DCA 1984). However, in this case the court properly imposed restitution since appellant here was placed in a community control program. We therefore affirm in all respects. GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.…
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- M. v. D., 414 So. 2d 599 (Fla. 1st DCA 1982)