D.G., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
D.G., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
516 So. 2d 15
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The order under review which required that the juvenile and his parents make restitution to the victim of the juvenile’s aggravated battery is reversed upon a holding that (a) the trial court failed to determine that the juvenile and his parents could be reasonably expected to pay the amount of restitution ordered, § 39.11(1), Fla.Stat. (Supp.1986); O.L. v. State, 497 So. 2d 971 (Fla. 3d DCA 1986); and (b) the order fails to specifically determine, as it must, the amount of restitution and the manner of payment and instead delegates this to the parties, O.L. v. State, 497 So. 2d 971.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In the Interest of J.M., 601 So. 2d 604 (Fla. 4th DCA 1992)…nt’s third argument is that the trial court failed to conduct an inquiry regarding his ability to pay prior to ordering restitution, pursuant to section 39.-054(1)(a)2, Florida Statutes (Supp.1990). We agree. The inquiry is mandatory. D.G. v. State, 516 So. 2d 15 (Fla. 3d DCA 1987). The court’s failure to conduct such inquiry in this instance constitutes reversible error. R.F. v. State, 549 So. 2d 1169 (Fla. 4th DCA 1989). We are not persuaded by the state’s argument that appellant failed to object below to…
Authorities Cited
- O.L. v. State, 497 So. 2d 971 (Fla. 3d DCA 1986)