V.M.A., A JUVENILE
v.
THE STATE OF FLORIDA
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When the underlying adjudication of delinquency is reversed on direct appeal due to procedural defects in the adjudicatory hearing, a restitution order based on that adjudication must also be vacated and remanded.
[1] Due process considerations in juvenile delinquency proceedings require trial courts to make case-specific findings of necessity before conducting remote adjudicatory hear…
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Join FLexlaw to unlock all legal intelligenceV.M.A., a juvenile, was ordered to pay restitution to a victim following an adjudication in a delinquency case. In a related direct appeal, the court …
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Opinion filed May 3, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-467 Lower Tribunal No. 20-406A
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V.M.A., a Juvenile,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge. Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee. Before EMAS, GORDO and BOKOR, JJ. GORDO, J. V.M.A., a juvenile, appeals an order directing him to pay restitution to the victim. We have jurisdiction. Fla. R. App. P. 9.145(b)(2). In a related case, V.M.A. directly appealed an order withholding adjudication of delinquency and placing V.M.A. on probation. See V.M.A. v. State, 354 So. 3d 611, 611 (Fla. 3d DCA 2023). This Court reversed and remanded for a new adjudicatory hearing “conclud[ing] that due process considerations inherent in delinquency proceedings require the trial court to make casespecific findings of necessity before conducting a remote adjudicatory hearing.” Id. Accordingly, we vacate the restitution order and remand for further proceedings.1 Reversed and remanded.
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Citator
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V.M.A. v. State (Fla. 3d DCA 2023)…directing him to pay restitution to the victim. We have jurisdiction. Fla. R. App. P. 9.145(b)(2). In a related case, V.M.A. directly appealed an order withholding adjudication of delinquency and placing V.M.A. on probation. See V.M.A. v. State, 354 So. 3d 611, 611 (Fla. 3d DCA 2023). This Court reversed and remanded for a new adjudicatory hearing “conclud[ing] that due process considerations inherent in delinquency proceedings require the trial court to make casespecific findings of necessity before con…
Authorities Cited
- V.M.A. v. State (Fla. 3d DCA 2023)