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V.H. v. State

District Court of Appeal of Florida, Second District
Dec 10, 1986
498 So. 2d 1011 (Fla. Dist. Ct. App. 1986)
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Summary

reversing where the trial court's decision to commit the indigent defendant to juvenile detention, rather than impose community control, depended entirely upon the defendant's inability to pay $48 in restitution

Summary of this case from Noel v. State
See 4 Summaries

Opinion

No. 86-829.

December 10, 1986.

Appeal from the Circuit Court, Hillsborough County, James P. Calhoun, J.

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Acting Chief Judge.

V.H. was arrested for burglary. She was originally referred to the JASP program, but she failed this program. The state attorney then filed a petition for delinquency. At the disposition hearing, the HRS intake worker recommended community control because this was V.H.'s first delinquency offense. Her predispositional report indicated that relatives would be willing to pay restitution of $48, but she stated that she had since learned that it was impossible for any of them to contribute at this time. The hearing then focused on whether V.H. would pay the $48 in restitution. The judge stated that he would be willing to place V.H. on community control but only if she would pay the $48. Her lawyer asserted that she had no money with which to do so. Thereupon, the judge ordered V.H. to be committed.

A person cannot be imprisoned solely because of his indigency. Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971). From the colloquy, it is unmistakably clear that the decision to commit V.H. depended on whether she paid the $48 in restitution. She had already been determined indigent for purposes of appointing a public defender, and there was no showing that she was able to pay the $48. The sentence imposed here was equivalent to the alternate sentence of imprisonment based on financial ability to pay which was condemned in Tate.

We reverse the order of commitment and remand for appropriate disposition.

SCHOONOVER and LEHAN, JJ., concur.

Summaries of

V.H. v. State

District Court of Appeal of Florida, Second District
Dec 10, 1986
498 So. 2d 1011 (Fla. Dist. Ct. App. 1986)

reversing where the trial court's decision to commit the indigent defendant to juvenile detention, rather than impose community control, depended entirely upon the defendant's inability to pay $48 in restitution

Summary of this case from Noel v. State

reversing where the trial court's decision to commit the indigent defendant to juvenile detention, rather than impose community control, depended entirely upon the defendant's inability to pay $48 in restitution

Summary of this case from Noel v. State

In V.H. v. State, 498 So.2d 1011 (Fla. 2d DCA 1986), the second district relied on the principle articulated in Tate to reverse an indigent juvenile's commitment when it was clear from the record that the trial court chose commitment rather than community control only because the juvenile was unable to pay restitution.

Summary of this case from Nezi v. State

In V.H., this court relied on the principle articulated in Tate to reverse an indigent juvenile's commitment where it was clear from the record that the trial court chose commitment rather than community control only because the juvenile was unable to pay restitution.

Summary of this case from Akridge v. Crow
Case details for

V.H. v. State

Case Details

Full title:V.H., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 10, 1986

Citations

498 So. 2d 1011 (Fla. Dist. Ct. App. 1986)

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