M.W.G. v. STATE

No. 2D06-388.

945 So.2d 597 (2006)

M.W.G., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 20, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


STRINGER, Judge.

M.W.G. appeals from the restitution order entered after he pleaded guilty to burglary of a structure. Because the trial court conducted the restitution hearing in M.W.G.'s absence without competent, substantial evidence to establish that M.W.G. had waived his right to be present or that he had voluntarily absented himself from the hearing, we reverse and remand for a new hearing.

The State charged M.W.G. with burglary of a structure and grand...

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