K. T. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 4, 2022
Docket2D20-0670
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
K.T.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D20-670
February 4, 2022
Appeal from the Circuit Court for Hillsborough County; Michael J.
Scionti, Judge.
Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Juvenile offender K.T. was adjudicated delinquent for the
grand theft of a motor vehicle and was ordered to pay restitution for
damage to the vehicle. K.T. appealed the order imposing
restitution. During the pendency of the appeal, K.T. filed a Florida
Rule of Juvenile Procedure 8.135(b)(2) motion to correct the
disposition order, asserting that the trial court failed to address
K.T.'s ability to pay when imposing restitution. Following a hearing
on the motion, the trial court found that the State failed to prove
both the appropriate amount of restitution and K.T.'s ability to pay.
The court therefore orally ruled that the State's "motion for
restitution is denied."
With that issue apparently resolved, K.T.'s appellate counsel
filed an Anders1 brief asserting that he could find no remaining
arguable points on appeal. While we generally agree with that
conclusion, it appears that the trial court did not render an
amended disposition order after orally denying restitution. Rather,
the record contains only a docket note from the courtroom clerk.
We therefore remand for the court to render an amended
disposition order reflecting that K.T. is not required to pay
restitution. The disposition and sentence are otherwise affirmed.
Affirmed and remanded.
1 Anders v. California, 386 U.S. 738 (1967).
2
NORTHCUTT, LaROSE, and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
3