Holmes v. State
District Court of Appeal of Florida
1Opinion of the Court
LaROSE, Judge.
In this Anders 1 appeal, Simon Holmes argues that the trial court erred in imposing restitution. He claims that he received no notice of the restitution hearing and did not waive his presence at the hearing. We have jurisdiction. See U.S. Const. Am. VI; Baker v. State, 979 So.2d 453, 455 (Fla. 2d DCA 2008); Fla. R.App. P. 9.140(b)(1)(G). We reverse, in part, and remand for a new restitution hearing with proper notice to Mr. Holmes. In all other respects, we affirm Mr. Holmes’ judgment and sentence for DUI manslaughter. See Fla. R.App. P. 9.140(b)(2)(A)(i)-(ii).
Mr. Holmes pleaded…
2Cases cited8 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Coney v. StateSupreme Court of Florida · 1995
- M.W.G. v. StateDistrict Court of Appeal of Florida · 2006
- Miller v. StateDistrict Court of Appeal of Florida · 2003
- Baker v. StateDistrict Court of Appeal of Florida · 2008
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3Cited by1 opinion
- Pierce v. StateDistrict Court of Appeal of Florida · 2014