Florida District Courts of Appeal, 2003

Foskey v. State

Foskey v. State
Florida District Courts of Appeal · Decided March 12, 2003 · Canady, Kelly, Salcines
838 So. 2d 1246; 2003 Fla. App. LEXIS 3087; 2003 WL 1027797 (Southern Reporter, Second Series)

Foskey v. State

Opinion of the Court

KELLY, Judge.

Ruby Foskey appeals from an order requiring her to pay $524.70 in restitution. Foskey argues that the order must be reversed because she was not represented by counsel at the restitution hearing. The State concedes that Foskey was entitled to have counsel present during the restitution hearing. We agree. See Moment v. State, 645 So.2d 502 (Fla. 4th DCA 1994). Accordingly, we reverse and remand for a new evidentiary hearing.

Reversed and remanded.

SALCINES and CANADY, JJ., Concur.

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