J.S.H. v. State
| Decision Date | 03 July 1985 |
| Docket Number | No. 66029,66029 |
| Citation | 10 Fla. L. Weekly 356,472 So.2d 737 |
| Parties | 10 Fla. L. Weekly 356 J.S.H., a child, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Jerry Hill, Public Defender and Douglas S. Connor, Asst. Public Defender, Tampa, for petitioner.
Jim Smith, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for respondent.
We review the decision of the District Court of Appeal, Second District, in J.S.H. v. State, 455 So.2d 1143 (Fla. 2d DCA 1984), which the district court certified to be in direct conflict with W.N. v. State, 426 So.2d 1206 (Fla. 4th DCA 1983). The district court held that this juvenile's offense bore a sufficiently significant relationship to the victim's damages to support the trial court's order that the juvenile pay restitution to the victim under section 39.11(1)(g), Florida Statutes (1983). We agree and approve the decision of the district court.
The victim anchored his twenty-one-foot motorboat to a bridge because it was running low on gas and a storm was approaching. Upon returning the next day, he found a person inside the boat cutting wires and loosening screws, and there was a large hole in the boat's bottom. A repair shop estimated that it would cost $1,500 to fully restore the boat. Several items of property (i.e., cooler, fire extinguisher, compass, toolbox) had also been stolen from the boat; however, with the exception of an ammeter worth $50, all of the property was eventually recovered.
The state filed a petition for delinquency, charging petitioner with second-degree grand theft under section 812.014, Florida Statutes (1983). The trial court withheld adjudication and placed him in a community control program. Subsequently, the trial court held a hearing on the issue of restitution under section 39.11(1)(g), Florida Statutes (1983). The court determined the victim's total damages to be $1,500 for repairing the boat and $50 for replacing the ammeter. Petitioner was ordered to pay restitution in the amount of one-half of $1,550.
On appeal, petitioner argued that restitution was proper only for the ammeter but not for damages to the boat itself because he had been charged only with the crime of grand theft and not with the crime of criminal mischief. Petitioner asserted that the damage to the victim's boat was not "caused by his offense" as section 39.11(1)(g) requires. The district court disagreed, finding that the words "caused by his offense" do not mean that the offense charged must bear a direct relationship to the damages caused but rather that the damages bear a significant relationship to the crime charged. The court, however, certified direct conflict with W.N. v. State. In W.N., juveniles trespassed on school property and allegedly broke several thousand dollars worth of windows. They...
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Williams v. State
...of damage the criminal conduct caused the victim." Id. The state argues that the supreme court's subsequent decision in J.S.H. v. State, 472 So.2d 737 (Fla.1985), demonstrates that Fresneda and Riner unduly limited the restitution provisions of section 948.03(1)(e), Florida Statutes (1985).......
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Lawson v. State, BG-258
...in her home, therefore we find that the $150.00 damages bear a "significant relationship" to the convicted offense. J.S.H. v. State, 472 So.2d 737, 738 (Fla.1985). To hold otherwise would permit an absurd result whereby a defendant could avoid paying restitution by negotiating to plead guil......
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J.S. v. State, 97-2133
...has been construed to allow restitution for damages that "bear a significant relationship to the convicted offense." J.S.H. v. State, 472 So.2d 737, 738 (Fla.1985); J.K. v. State, 695 So.2d 868, 869 (Fla. 4th DCA 1997). One aspect of such a "significant relationship" is whether there is a c......
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Schuette v. State
...reviewing the case law from this Court. The Court first addressed the requirements for restitution in criminal cases in J.S.H. v. State, 472 So.2d 737, 737 (Fla.1985), where the trial court ordered a juvenile defendant to pay restitution for the damage he caused while attempting to steal ra......