MEUSE v. STATE (2019)

District Court of Appeal of Florida, Second District.

Keondra Tyriek MEUSE, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-659

Decided: September 20, 2019

Howard L. Dimmig, II, Public Defender, and Rachel Roebuck and Maureen E. Surber, Assistant Public Defenders, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

We affirm, without comment, Keondra Meuse's judgment and sentences. However, we reverse the final judgment of restitution and remand for further proceedings.

Meuse complains that the restitution hearing was conducted in his absence. At the hearing, defense counsel advised the trial court that he did not know if Meuse waived his presence, and he posited that a restitution hearing was not a critical stage of the proceedings. This was incorrect; a defendant has the constitutional right to be present at a restitution hearing. M.W.G. v. State, 945 So.2d 597, 599–600 (Fla. 2d DCA 2006) (citing Coney v. State, 653 So.2d 1009, 1013 (Fla. 1995)). Although this right may be waived through counsel, the court must determine that the waiver is knowing, intelligent, and voluntary. Id. at 600. That did not happen here, and the State concedes error on this point. Accordingly, we reverse the final judgment of restitution and remand for further proceedings.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT, Judge.

SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network