ZEBDEE WILLIAMS, v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ZEBEDEE WILLIAMS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-0048 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 6, 2012. An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge. Nancy A. Daniels, Public Defender; Steven L. Seliger and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. A defendant has a constitutional right to be present at a restitution hearing unless the defendant knowingly, voluntarily, and intelligently waives that right. See Knespler v. State, 72 So. 3d 299, 300 (Fla. 4th DCA 2011). In the instant case, because he was not present at the restitution hearing and because there is nothing in the record to suggest he waived his right to be present, the appellant is entitled to a new restitution hearing. See id. Accordingly, we REVERSE and REMAND with directions to the trial court to hold a new restitution hearing. LEWIS, ROBERTS, and RAY, JJ., CONCUR. 2
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