M.O. v. State

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
M.O., )
)
Appellant, )
)
v. ) Case No. 2D16-1903
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed May 26, 2017.
Appeal from the Circuit Court for
Hillsborough County; Robert A. Bauman,
Judge.
Jason D. Sammis and Leslie M. Sammis,
Tampa, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Cornelius C. Demps,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
We affirm the circuit court's adjudication of delinquency and sentence in all
respects except the restitution order, which, on the State's confession of error, we
reverse and remand for the court to render proper findings. See M.W.G. v. State, 945
So. 2d 597, 601 (Fla. 2d DCA 2006) ("When no evidence of what the child could
reasonably be expected to earn is presented at the restitution hearing, the trial court
cannot make a finding on this issue.")
Affirmed in part; reversed in part; remanded.
NORTHCUTT, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
-2-