I.L.G. v. State

District Court of Appeal of Florida

I.L.G. v. State

43 So. 3d 957, 2010 Fla. App. LEXIS 13719, 2010 WL 3584264

CourtDistrict Court of Appeal of Florida

DecidedSeptember 16, 2010

DocketNo. 1D10-2103

StatusPublished

This text of 43 So. 3d 957 (I.L.G. 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.

Bluebook

I.L.G. v. State, 43 So. 3d 957, 2010 Fla. App. LEXIS 13719, 2010 WL 3584264 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

A juvenile has a constitutional right to be present at a restitution hearing unless the juvenile voluntarily and intelligently waives that right. See I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007). 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. at 1165. Accordingly, we REVERSE and REMAND with directions to the trial court to hold a new restitution hearing.

WOLF, ROBERTS, and WETHERELL, JJ., concur.

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PER CURIAM.

A juvenile has a constitutional right to be present at a restitution hearing unless the juvenile voluntarily and intelligently waives that right. See I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007). 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. at 1165. Accordingly, we REVERSE and REMAND with directions to the trial court to hold a new restitution hearing.

WOLF, ROBERTS, and WETHERELL, JJ., concur.

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43 So. 3d 957, 2010 Fla. App. LEXIS 13719, 2010 WL 3584264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ilg-v-state-fladistctapp-2010.

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