J.A. v. STATE

No. 5D09-4218.

46 So.3d 1191 (2010)

J.A., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 5, 2010.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Peter A. Ames, Sr. , Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges the restitution order entered after hearing during which he was not present. We reverse.

"A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right." I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007). The State bears the burden of proving that Appellant knowingly...

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