I.L.G. v. ST

Full title: I.L.G., a child, Appellant, v. ST of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Sep 16, 2010

43 So. 3d 957 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D10-2103.

September 16, 2010.

An appeal from the Circuit Court for Duval County. Henry E. Davis, Judge.

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

Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

A juvenile has a constitutional right to be present at a restitution hearing unless the juvenile voluntarily and intelligently waives that right. See I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007). 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. at 1165. Accordingly, we REVERSE and REM with directions to the trial court to hold a new restitution hearing.

WOLF, ROBERTS, and WETHERELL, JJ., concur.