J. S. v. State of Florida

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

J.S., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D14-2384

STATE OF FLORIDA,

Appellee. _____________________________/ Opinion filed January 2, 2015.

An appeal from the Circuit Court for Alachua County. Robert E. Roundtree, Judge.

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

J.S. appeals from a restitution order entered after he pled no contest to trespass and 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 *2 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.