J.G. v. State

This is an appeal from a judgment of conviction and sentence on the charge of simple battery. Appellant argues that the trial court erred in entering an upward departure commitment from that recommended by the Department of Juvenile Justice (DJJ). Appellant also urges that the trial court erred in ordering restitution during the disposition hearing without notice to appellant of a restitution hearing and without addressing 'his ability to pay.

We affirm the trial court’s upward departure commitment, but reverse the restitution order and remand for further proceedings.

In this case, the DJJ…