Foskey v. State

Full title: RUBY FOSKEY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 12, 2003

838 So. 2d 1246 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-1289.

Opinion filed March 12, 2003.

Appeal from the Circuit Court for Polk County; Charles L. Brown, Judge.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

Ruby Foskey appeals from an order requiring her to pay $524.70 in restitution. Foskey argues that the order must be reversed because she was not represented by counsel at the restitution hearing. The State concedes that Foskey was entitled to have counsel present during the restitution hearing. We agree. See Moment v. State, 645 So.2d 502 (Fla. 4th DCA 1994).

Accordingly, we reverse and remand for a new evidentiary hearing.

Reversed and remanded.

SALCINES and CANADY, JJ., Concur.