A.G.H., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• 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…
• 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…
• C.M.M. v. State, 545 So. 2d 917 (Fla. 2d DCA 1989)
  …commitment to HRS, but may only be imposed when the child has been placed in a community control program. As support for this contention, C.M.M. relies on this court’s decisions in T.D. v. State, 486 So. 2d 40 (Fla. 2d DCA 1986) and W.P.J. v. State, 443 So. 2d 424 (Fla. 2d DCA 1984). This position fails to recognize a legislative change in the law which allows the trial court to include payment of restitution as an aspect of its commitment of a child to HRS. Section 39.11(1) Florida Statutes (1987), provide…

Authorities Cited

• W.P.J. v. State, 443 So. 2d 424 (Fla. 2d DCA 1984)