ZEBEDEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ZEBEDEE WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
76 So. 3d 410
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
A defendant has a constitutional right to be present at a restitution hearing unless the defendant knowingly, voluntarily, and intelligently waives that right. See Knespler v. State, 72 So.3d 299, 300 (Fla. 4th DCA 2011). In the instant case, because he was not present at the restitution hearing and because there is nothing in the record to suggest he waived his right to be present, the appellant is entitled to a new restitution hearing. See id. Accordingly, we REVERSE and REMAND with directions to the trial court to hold a new restitution hearing.
LEWIS, ROBERTS, and RAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kleintank v. State, 178 So. 3d 15 (Fla. 5th DCA 2015)…to enter a restitution order. See Farley v. State, 55 So. 3d 721, 721-22 (Fla. 5th DCA 2011). Accordingly, we strike the restitution order. On remand,' the trial court may conduct a restitution hearing with Kleintank present. See Williams v. State, 76 So. 3d 410 (Fla. 1st DCA 2012) (holding defendant has constitutional right to be present at restitution hearing unless defendant knowingly, intelligently, and voluntarily waives that right). AFFIRMED in part; REVERSED in part; and REMANDED. PALMER, J., and…
Authorities Cited
- Knespler v. State, 72 So. 3d 299 (Fla. 4th DCA 2011)