V.M.A., A JUVENILE v. THE STATE OF FLORIDA

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 3, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-467 Lower Tribunal No. 20-406A ________________

V.M.A., a Juvenile, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Before EMAS, GORDO and BOKOR, JJ.

GORDO, J. V.M.A., a juvenile, appeals an order directing him to pay restitution to

the victim. We have jurisdiction. Fla. R. App. P. 9.145(b)(2). In a related

case, V.M.A. directly appealed an order withholding adjudication of

delinquency and placing V.M.A. on probation. See V.M.A. v. State, 354 So.

3d 611, 611 (Fla. 3d DCA 2023). This Court reversed and remanded for a

new adjudicatory hearing “conclud[ing] that due process considerations

inherent in delinquency proceedings require the trial court to make case-

specific findings of necessity before conducting a remote adjudicatory

hearing.” Id. Accordingly, we vacate the restitution order and remand for

further proceedings. 1

Reversed and remanded.

1 Because this Court reversed and remanded V.M.A.’s direct appeal, which was the basis of entry of the restitution order, we do not address the merits raised on this appeal.