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ELMER v. STATE

No. 5D13-3138.

140 So.3d 1132 (2014)

Russell Glen ELMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 20, 2014.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Edward J. Weiss , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Marjorie Vincent-Tripp , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

After Russell Elmer's convictions for capital sexual battery of his step-daughter were reversed on appeal, he pled no contest on remand to three counts of attempted sexual battery and agreed to pay restitution for the victim's medical expenses and counseling. He now appeals the final restitution order, arguing first that the record does not demonstrate that he knowingly, intelligently, and voluntarily waived his presence at the hearing. Although the

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