K.M.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Juvenile's restitution order for vehicle damage was reversed because she was merely a passenger in a stolen car and bore no responsibility for the crash damage caused by the driver's conduct.
A juvenile charged only with trespass in a conveyance cannot be ordered to pay restitution for vehicle damage caused by the driver's crash when there is no evidence of joint enterprise, conspiracy, or the juvenile's participation in causing the damage.
[1] A juvenile passenger in a stolen vehicle cannot be held liable for restitution of damage caused by the driver's crash absent evidence of joint enterprise, conspiracy, or…
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Court's conclusion regarding K.M.G.'s role and liability for restitution
K.M.G., a juvenile, entered a stolen car on April 1, 1993, rode in it for about an hour, and jumped out while it was moving during a police pursuit. T…
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PER CURIAM.
K.M.G., a juvenile, appeals the trial court’s order imposing $1500 in restitution to compensate a victim for damage to his car. K.M.G. was not charged with theft of the vehicle, but merely for trespass in a conveyance. She entered the car on April 1, 1993, after it had been stolen by another teenager. She rode in the vehicle for about an hour before the police attempted to stop the car. K.M.G. jumped out of the car while it was still moving, and the driver did the same a few seconds later. The damage to the vehicle was caused by the resulting crash. There is no evidence that K.M.G. damaged the interior of the car or that she encouraged the driver to abandon the vehicle. Under the analogous rules applicable in a civil case, there is no evidence establishing a joint enterprise, which could make K.M.G. vicariously liable for the driver’s conduct, see Kane v. Portwood, 573 So. 2d 980 (Fla. 2d DCA 1991), and no evidence of a civil conspiracy that might make K.M.G. responsible for the other teenager’s act of theft. We reverse the order of restitution because the-record does not establish that the defendant was more than a passenger in the vehicle. S.E.G. v. State, 618 So. 2d 345 (Fla. 2d DCA 1993).
Reversed.
PARKER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kane v. Portwood, 573 So. 2d 980 (Fla. 2d DCA 1991)
- S.E.G. v. State, 618 So. 2d 345 (Fla. 2d DCA 1993)