J.C. v. State

J.C. appeals the trial court’s restitution order. She contends that the trial court erred by conducting the restitution hearing in her absence. We agree and reverse.

A defendant has the constitutional right to be present at all stages of a criminal proceeding, including a restitution hearing. Coney v. State, 653 So.2d 1009, 1013 (Fla.1995). “[U]nless the State can show that a defendant knowingly and voluntarily waived his right to be present at his restitution hearing, it is error to proceed in his absence.” Baker v. State, 979 So.2d 453, 455 (Fla. 2d DCA 2008). A defendant’s waiver of the…