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967 So. 2d 421

Docket No. 1D07-1410.

TL v. State

T.L., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 30, 2007.

District Court of Appeal of Florida · decided 2007-10-30

Relies on J.B. v. State

Decided 2007-10-30

¶1Nancy A. Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.

¶2Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4T.L., a juvenile, was convicted of the criminal offense of grand theft auto. T.L. appeals a restitution order requiring him to pay the owner of the vehicle for damages the vehicle sustained during the theft.

¶5A juvenile is entitled to be present at a restitution hearing unless he waives that right. See J.B. v. State,646 So.2d 808, 808 (Fla. 1st DCA 1994); Fla. R. Juv. P. 8.100 (2005). In J.B., this Court reversed the trial court's restitution order because the juvenile was not present during the restitution hearing and there was no competent, substantial evidence that the juvenile effectively waived his right to appear at the hearing. 646 So.2d at 808. J.B. controls in this case. Because T.L. was not present at the hearing and there is no competent, substantial evidence on the record indicating that he waived his right to be present, we reverse the restitution order. As such, we conclude that it is unnecessary to reach T.L.'s other arguments.

¶6We reverse the restitution order and remand with directions that the trial court conduct a new restitution hearing.

¶7REVERSED and REMANDED, with directions.

¶8DAVIS, LEWIS and ROBERTS, JJ., concur.

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