J. S. v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
J.S., NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-2384
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed January 2, 2015.
An appeal from the Circuit Court for Alachua County.
Robert E. Roundtree, Judge.
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.
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.
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