Lott v. State

41 So. 3d 428, 2010 Fla. App. LEXIS 11432, 2010 WL 3056621
District Court of Appeal of Florida·Decided August 6, 2010·No. 5D09-4229·Published·Cited by 1 cases

Opinion

PER CURIAM.

Joseph Ramon Lott appeals a restitution order entered following his plea of guilty to a charge of grand theft of a motor vehicle. The only issue on appeal is whether the trial court erred in conducting the restitution hearing in Lott’s absence, and without notice to him, when there was no evidence that he waived his appearance at the proceeding. The State concedes error. Accordingly, we reverse the restitution order and remand for a new restitution hearing, with proper notice to Lott.

REVERSED AND REMANDED.

ORFINGER, LAWSON and JACOBUS, JJ., concur.

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Lott v. State, 41 So. 3d 428, 2010 Fla. App. LEXIS 11432, 2010 WL 3056621 (Fla. Ct. App. 2010).

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