Jackson v. State

929 So. 2d 638, 2006 Fla. App. LEXIS 7165, 2006 WL 1272546

Opinion

BROWNING, J.

Appellant challenges án order that he pay restitution. Appellant’s absence from the restitution hearing necessitates a new restitution hearing. See Whitten v. State, 830 So.2d 247, 248 (Fla. 4th DCA 2002); Papageorge v. State, 710 So.2d 53, 55 (Fla. 4th DCA 1998). This fact renders the other issues on appeal moot. We note what appears to be a scrivener’s error in the sentencing documents, ordering $268.96 in restitution to the victim in this case rather than, as Appellant agreed in his plea, in connection with his misdemean- or case of passing a worthless check in that amount.

Accordingly, we hereby REVERSE the restitution order and REMAND for a new restitution hearing.

WOLF and WEBSTER, JJ., concur.