C.Y. v. State

ON MOTION FOR REHEARING

We deny the state’s motion for rehearing, but withdraw our previous opinion filed July 9, 2008, and substitute the following opinion in its place.

C.Y. appeals from a restitution order. The record reflects that C.Y. did not knowingly and intelligently waive his right to be present at his restitution hearing. We, therefore, reverse and remand for a new restitution hearing.

“A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right.” I.M. v. State, 955 So.2d…