N.C.D. v. State

Full title: N. C. D., A Child, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jun 12, 2024

No. 1D2023-1255 (Fla. Dist. Ct. App. Jun. 12, 2024)

Opinion

1D2023-1255

06-12-2024

N. C. D., A Child, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Jasmine Russell Dixon and Emmalyn Dalton, Assistant Public Defenders, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Zachary F Lawton, Assistant Attorney General, Tallahassee, for Appellee.

B.L. THOMAS, J.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court of Levy County, Mark W. Moseley, Judge.

Jessica J. Yeary, Public Defender, and Jasmine Russell Dixon and Emmalyn Dalton, Assistant Public Defenders, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Zachary F Lawton, Assistant Attorney General, Tallahassee, for Appellee.

B.L. THOMAS, J.

N.C. D., Appellant, and S.L.L. were co-defendants below and were ordered to pay restitution, for which they were jointly and severally liable. It was error to award lost-wages restitution to the victim corresponding to the loss of illicit work. See S.L.L. v. State, 381 So.3d 1276 (Fla. 1st DCA 2024) (reversing portion of codefendant's restitution order).

Accordingly, we REVERSE the portion of the trial court's restitution order awarding $3,650 in restitution for lost wages.

RAY and KELSEY, JJ., concur.