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1 So. 3d 1194

Love v. State

District Court of Appeal of Florida

Decided February 6, 2009

District Court of Appeal of Florida · decided 2009-02-06

Relies on 833 So. 2d 318 - Miller v. State

Decided 2009-02-06

PER CURIAM.

¶1 Because there is nothing in the record showing that the defendant, Toshiba Love, voluntarily absented herself from the restitution hearing or that she knowingly and voluntarily waived her presence, we reverse the order awarding restitution and remand for a new hearing. See Miller v. State, 833 So.2d 318 (Fla. 2d DCA 2003). Our remand for a new hearing renders moot the other issue raised.

¶2 REVERSED and REMANDED.

SAWAYA, MONACO and COHEN, JJ, concur.
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