J.S. v. State, 717 So. 2d 175 (Fla. Dist. Ct. App. 1998)

Cases | J.S. v. State, 717 So. 2d 175 (Fla. Dist. Ct. App. 1998) | 2018

The juvenile defendant pled guilty to burglary of a dwelling, resisting an officer without violence, and second degree petit theft after stealing a bike and tennis racket from the victims’ garage. The defendant was placed on community control and ordered to pay $590 in restitution, including $480 for lost wages. On appeal, the defendant argued that Chapter 39 did not authorize restitution to victims for lost wages attributable to time spent attending a restitution hearing. The court of appeals held that “wages lost as a result of attendance at juvenile court proceedings do not bear a ‘significant relationship’ to the underlying criminal offenses, such that they may be the subject of restitution under Chapter 39.” The restitution order was reversed and remanded with instructions.

[NOTE: Fla. Stat. § 39.054 referred to in this case summary is no longer in effect.]