Legal Opinion

In re D.T.

District Court of Appeal of Florida

Decided November 6, 1985No. 85-333PublishedCited by 3 opinions

1Per curiam

At issue is the trial court’s authority to impose a condition of restitution upon a juvenile after entry and performance of an order of community control which contains no condition of restitution. We hold that the trial court was without authority to do so and remand with direction to quash the order of restitution.

In Carmo v. State, 378 So.2d 850 (Fla. 4th DCA 1979), we reversed the imposition of a post-conviction condition of restitution upon a convicted adult probationer when there had been no violation of probation. There, as here, restitution was not mentioned at the time of conviction.…

2Cases cited4 opinions

  1. Nova v. StateDistrict Court of Appeal of Florida · 1983
  2. Carmo v. StateDistrict Court of Appeal of Florida · 1979
  3. Simpson v. StateDistrict Court of Appeal of Florida · 1985
  4. In the Interest of V. McD.District Court of Appeal of Florida · 1985

3Cited by3 opinions

  1. Hodas v. StateDistrict Court of Appeal of Florida · 1992
  2. Reed v. StateDistrict Court of Appeal of Florida · 1989
  3. Chaney v. StateDistrict Court of Appeal of Florida · 1993

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