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Toshiba LOVE, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2009-02-06No. No. 5D07-1864
1 So. 3d 1194

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Opinion

majority opinion

PER CURIAM.

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. REVERSED and REMANDED.

SAWAYA, MONACO and COHEN, JJ, concur.