In the Interest of J.A.M. v. State

J.A.M. has appealed a condition of community control, imposed in the order of disposition sentencing him for burglary, requiring him to “[m]ake restitution in the amount of $3,800.00 jointly and severally to the victim” at the rate of $200.00 per month commencing on July 15, 1991. Appellant contends that the trial court erred in failing to determine that he has the present ability to pay the ordered restitution at the level required.

As to the exact issue raised by appellant, an unemployed or incarcerated delinquent child may nevertheless be ordered to pay restitution without a showing of…