J.S., Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· January 2, 2015 · Docket No. 1D14-2384
154 So. 3d 464
Syllabus
J.S., Appellant, v. STATE of Florida, Appellee. No. 1D14-2384. District Court of Appeal of Florida, First District. Jan. 2, 2015. Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee.
Full Opinion (519 characters)
PER CURIAM. J.S. appeals from a restitution order entered after he pled no contest to trespass and petit theft. Because the trial court conducted the restitution hearing in J.S.’s absence without competent substantial evidence to establish that J.S. had knowingly and voluntarily waived his right to be present at the hearing, the State properly conceded error. We, therefore, reverse and remand for a new restitution hearing. See M.W.G. v. State, 945 So.2d 597 (Fla. 2d DCA 2006). WOLF, BENTON, and MAKAR, JJ., concur.
Source: Caselaw Access Project (Harvard Law School). This page is informational and is not legal advice.