Love v. State

1 So. 3d 1194, 2009 Fla. App. LEXIS 3214, 2009 WL 275106
Procedural entryThis page is a short order in Love v. State. Read the opinion of the Court — 971 So. 2d 280
District Court of Appeal of Florida·Decided February 6, 2009·No. 5D07-1864·Published

Opinion

PER CURIAM.

Because there is nothing in the record showing that the defendant, Toshiba Love, voluntarily absented herself from the restitution hearing or that she knowingly and voluntarily waived her presence, we reverse the order awarding restitution and remand for a new hearing. See Miller v. State, 833 So.2d 318 (Fla. 2d DCA 2003). Our remand for a new hearing renders moot the other issue raised.

REVERSED and REMANDED.

SAWAYA, MONACO and COHEN, JJ, concur.

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Love v. State, 1 So. 3d 1194, 2009 Fla. App. LEXIS 3214, 2009 WL 275106 (Fla. Ct. App. 2009).

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Related

Miller v. State
833 So. 2d 318 (District Court of Appeal of Florida, 2003)