Legal Opinion

R.D.S. v. State

District Court of Appeal of Florida

Decided May 9, 2003No. 2D02-2402PublishedCited by 17 opinions

1Opinion of the Court

KELLY, Judge.

R.D.S. appeals the order requiring him to pay $1635.29 in restitution. We find no merit in his argument on appeal that the trial court erred in imposing restitution without determining his ability to pay. An unemployed or incarcerated delinquent child may be ordered to pay resti*721tution without a showing of present ability to pay. J.A.M. v. State, 601 So.2d 278 (Fla. 1st DCA 1992). The court must only determine what the child may reasonably be expected to earn upon finding suitable employment and base the amount of restitution on those earnings. § 985.231(l)(a), Fla. Stat. (2001);…

2Cases cited4 opinions

  1. A.J. v. StateDistrict Court of Appeal of Florida · 1996
  2. In the Interest of J.M.H. v. StateDistrict Court of Appeal of Florida · 1991
  3. In the Interest of J.A.M. v. StateDistrict Court of Appeal of Florida · 1992
  4. L.J.H. v. StateDistrict Court of Appeal of Florida · 1993

3Cited by17 opinions

  1. M.W.G. v. StateDistrict Court of Appeal of Florida · 2006
  2. J.A.B. v. StateDistrict Court of Appeal of Florida · 2008
  3. I.M. v. StateDistrict Court of Appeal of Florida · 2007
  4. K.T.M. v. StateDistrict Court of Appeal of Florida · 2007
  5. R.S.M. v. StateDistrict Court of Appeal of Florida · 2005

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