J.S. v. State

District Court of Appeal of Florida

J.S. v. State

154 So. 3d 464, 2015 Fla. App. LEXIS 25, 2015 WL 46522

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 2015

DocketNo. 1D14-2384

StatusPublished

This text of 154 So. 3d 464 (J.S. 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

J.S. v. State, 154 So. 3d 464, 2015 Fla. App. LEXIS 25, 2015 WL 46522 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

J.S. appeals from a restitution order entered after he pled no contest to trespass [465]*465and petit theft. Because the trial court conducted the restitution hearing in J.S.’s absence without competent substantial evidence to establish that J.S. had knowingly and voluntarily waived his right to be present at the hearing, the State properly conceded error. We, therefore, reverse and remand for a new restitution hearing. See M.W.G. v. State, 945 So.2d 597 (Fla. 2d DCA 2006).

WOLF, BENTON, and MAKAR, JJ., concur.

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PER CURIAM.

J.S. appeals from a restitution order entered after he pled no contest to trespass [465]*465and petit theft. Because the trial court conducted the restitution hearing in J.S.’s absence without competent substantial evidence to establish that J.S. had knowingly and voluntarily waived his right to be present at the hearing, the State properly conceded error. We, therefore, reverse and remand for a new restitution hearing. See M.W.G. v. State, 945 So.2d 597 (Fla. 2d DCA 2006).

WOLF, BENTON, and MAKAR, JJ., concur.

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Bluebook (online)

154 So. 3d 464, 2015 Fla. App. LEXIS 25, 2015 WL 46522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/js-v-state-fladistctapp-2015.

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