5D07-1864 Toshiba Love v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-1864

Case Date: 02/02/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

TOSHIBA LOVE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D07-1864

________________________________/ Opinion filed February 6, 2009 Appeal from the Circuit Court for Brevard County, Meryl L. Allawas, Judge. James S. Purdy, Public Defender, and Anne Moorman Reeves, 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. Because there is nothing in the record showing that the defendant, Toshiba Love, voluntarily absented herself from the restitution hearing or that she knowingly and voluntarily waived her presence, we reverse the order awarding restitution and remand

for a new hearing. See Miller v. State, 833 So. 2d 318 (Fla. 2d DCA 2003). Our remand for a new hearing renders moot the other issue raised. REVERSED and REMANDED.

SAWAYA, MONACO and COHEN, JJ., concur.

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