Foskey v. State

District Court of Appeal of Florida

Foskey v. State

838 So. 2d 1246, 2003 Fla. App. LEXIS 3087, 2003 WL 1027797

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 2003

DocketNo. 2D02-1289

StatusPublished

This text of 838 So. 2d 1246 (Foskey v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Foskey v. State, 838 So. 2d 1246, 2003 Fla. App. LEXIS 3087, 2003 WL 1027797 (Fla. Ct. App. 2003).

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Opinion

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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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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838 So. 2d 1246, 2003 Fla. App. LEXIS 3087, 2003 WL 1027797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foskey-v-state-fladistctapp-2003.

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