J.S., Appellant, v. STATE (2015)

J.S., Appellant, v. STATE of Florida, Appellee.

No. 1D14–2384.

Decided: January 02, 2015

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee.

J.S. appeals from a restitution order entered after he pled no contest to trespass and petit theft. Because the trial court conducted the restitution hearing in J.S.'s absence without competent substantial evidence to establish that J.S. had knowingly and voluntarily waived his right to be present at the hearing, the State properly conceded error. We, therefore, reverse and remand for a new restitution hearing. See M.W.G. v. State, 945 So.2d 597 (Fla. 2d DCA 2006).

PER CURIAM.

WOLF, BENTON, and MAKAR, JJ., concur.

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