Jesse Shoemaker v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JESSE WILLIAM SHOEMAKER, Appellant, v. Case No. 5D11-3856 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 25, 2013 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The State appropriately concedes error because Appellant did not receive notice of the restitution hearing. See Papageorge v. State, 710 So. 2d 53, 55 (Fla. 4th DCA 1998). Accordingly, we reverse the restitution order and remand this cause for a new hearing. REVERSED AND REMANDED. PALMER, TORPY and EVANDER, JJ., concur.

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