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C.Y. v. STATE

No. 4D07-3608.

989 So.2d 1235 (2008)

C.Y., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 2008.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We deny the state's motion for rehearing, but withdraw our previous opinion filed July 9, 2008, and substitute the following opinion in its place.

C.Y. appeals from a restitution order. The record reflects that C.Y. did not knowingly and intelligently waive his right to be present at his restitution hearing. We, therefore, reverse and remand for a new restitution hearing.

"A juvenile has a constitutional...

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