Elmer v. State

After Russell Elmer’s convictions for capital sexual battery of his step-daughter were reversed on appeal, he pled no contest on remand to three counts of attempted sexual battery and agreed to pay restitution for the victim’s medical expenses and counseling. He now appeals the final restitution order, arguing first that the record does not demonstrate that he knowingly, intelligently, and voluntarily waived his presence at the hearing. Although the *1135State correctly concedes error, neither party addresses the issue of whether this unpreserved error is fundamental. It is not. Although such…