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J.C. v. STATE

No. 5D08-2963.

1 So.3d 1196 (2009)

J.C., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 6, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Carlos A. Ivanor, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

J.C. appeals the trial court's restitution order. She contends that the trial court erred by conducting the restitution hearing in her absence. We agree and reverse.

A defendant has the constitutional right to be present at all stages of a criminal proceeding, including a restitution hearing. Coney v. State, 653 So.2d 1009, 1013 (Fla.1995). "[U]nless the State can show that a defendant knowingly and voluntarily...

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