J.S.H. v. State, 472 So. 2d 737 (Fla. 1985)

Cases | J.S.H. v. State, 472 So. 2d 737 (Fla. 1985) | 2018

The juvenile defendant was charged with second-degree grand theft and placed in a community control program. At the restitution hearing, the court determined the victim’s damages and ordered restitution for one-half of $1,550. On appeal, the defendant argued that restitution was proper only for the sole item that was not recovered, but not for damages to the boat itself because he had not been charged with criminal mischief and the damage to the victim’s boat was not caused by his offense. The district court of appeals affirmed the order, but certified direct conflict with another case. On appeal to the supreme court, the defendant again argued that “the damages to the boat were not caused by his offense of grand theft.” The supreme court held that “[t]he damages were the result of the theft as they resulted directly from [the defendant’s] actions which were necessary to perpetrate his crime.” The order of restitution was affirmed.

 

[NOTE: Fla. Stat. § 39.11 referred to in this case summary is no longer in effect.]