Jackson v. State, 1D05-1124.

• Decision Date: 11 May 2006
• Docket Number: No. 1D05-1124.,1D05-1124.
• Citation: 929 So.2d 638
• Parties: Harvey Lee JACKSON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

929 So.2d 638

Harvey Lee JACKSON, Appellant, v. STATE of Florida, Appellee.

No. 1D05-1124.

District Court of Appeal of Florida, First District.

May 11, 2006.

An appeal from the Circuit Court for Walton County. Kelvin Wells, Judge.

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Appellant challenges an order that he pay restitution. Appellant's absence from the restitution hearing necessitates a new restitution hearing. See Whitten v. State, 830 So.2d 247, 248 (Fla. 4th DCA 2002); Papageorge v. State, 710 So.2d 53, 55 (Fla. 4th DCA 1998). This fact renders the other issues on appeal moot. We note what appears to be a scrivener's error in the sentencing documents, ordering $268.96 in restitution to the victim in this case rather than, as Appellant agreed in his plea, in connection with his misdemeanor case of passing a worthless check in that amount.

Accordingly, we hereby REVERSE the restitution order and REMAND for a new restitution hearing.

WOLF and WEBSTER, JJ.,...