KELLY v. STATE

No. 4D13-2596.

132 So.3d 311 (2014)

Michael Anthony KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 15, 2014.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and John M. Conway , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.


ON CONFESSION OF ERROR

PER CURIAM.

The appellant's sole issue on appeal is that the trial court erred in conducting a restitution hearing where there was no showing that the appellant voluntarily waived his right to attend the hearing. The State concedes, and we agree, that the trial court improperly conducted a restitution hearing without the presence of the appellant or a showing of a knowing and voluntary waiver of his attendance. The record demonstrates...

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