Florida District Courts of Appeal, 2012

Williams v. State

Florida District Courts of Appeal · Decided January 6, 2012 · Lewis, Roberts, Ray

76 So. 3d 410; 2012 Fla. App. LEXIS 42; 2012 WL 29149 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Kleintank v. State (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

A defendant has a constitutional right to be present at a restitution hearing unless the defendant knowingly, voluntarily, and intelligently waives that right. See Knespler v. State, 72 So.3d 299, 300 (Fla. 4th DCA 2011). In the instant case, because he was not present at the restitution hearing and because there is nothing in the record to suggest he waived his right to be present, the appellant is entitled to a new restitution hearing. See id. Accordingly, we REVERSE and REMAND with directions to the trial court to hold a new restitution hearing.

LEWIS, ROBERTS, and RAY, JJ., concur.

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