Kelly v. State

District Court of Appeal of Florida

Kelly v. State

132 So. 3d 311, 2014 WL 127701, 2014 Fla. App. LEXIS 347

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 2014

DocketNo. 4D13-2596

StatusPublished

This text of 132 So. 3d 311 (Kelly 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

Kelly v. State, 132 So. 3d 311, 2014 WL 127701, 2014 Fla. App. LEXIS 347 (Fla. Ct. App. 2014).

Pincite

Opinion

ON CONFESSION OF ERROR

PER CURIAM.

The appellant’s sole issue on appeal is that the trial court erred in conducting a restitution hearing where there was no showing that the appellant voluntarily waived his right to attend the hearing. The State concedes, and we agree, that the trial court improperly conducted a restitution hearing without the presence of the appellant or a showing of a knowing and voluntary waiver of his attendance. The record demonstrates that the appellant did not receive notice of the hearing. Accordingly, we reverse and remand with instructions to vacate the restitution order and to conduct a restitution hearing with the at[312]*312tendance of the appellant or an appropriate showing of his waiver of attendance.

Reversed and remanded.

TAYLOR, LEVINE, and CONNER, JJ., concur.

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ON CONFESSION OF ERROR

PER CURIAM.

The appellant’s sole issue on appeal is that the trial court erred in conducting a restitution hearing where there was no showing that the appellant voluntarily waived his right to attend the hearing. The State concedes, and we agree, that the trial court improperly conducted a restitution hearing without the presence of the appellant or a showing of a knowing and voluntary waiver of his attendance. The record demonstrates that the appellant did not receive notice of the hearing. Accordingly, we reverse and remand with instructions to vacate the restitution order and to conduct a restitution hearing with the at[312]*312tendance of the appellant or an appropriate showing of his waiver of attendance.

Reversed and remanded.

TAYLOR, LEVINE, and CONNER, JJ., concur.

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Bluebook (online)

132 So. 3d 311, 2014 WL 127701, 2014 Fla. App. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-state-fladistctapp-2014.