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FOSKEY v. STATE

No. 2D02-1289.

838 So.2d 1246 (2003)

Ruby FOSKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 12, 2003.

Attorney(s) appearing for the Case

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...

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