KEONDRA TYRIEK MEUSE vs STATE OF FLORIDA

Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖

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.