SHANNON WILLIAMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
  …o be present. See Brown [*529] v. State, 929 So. 2d 675, 677 (Fla. 5th DCA 2006); Smith v. State, 655 So. 2d 1271, 1272 (Fla. 1st DCA 1995). But to be effective, the waiver must be knowingly, intelligently, and voluntarily made. See Miller v. State, 833 So. 2d 318, 319 (Fla. 2d DCA 2003). Second, a defendant need not be present at resentencing if the error to be corrected is “purely ministerial” or clerical, and involves no exercise of the court’s discretion. See Christian v. State, 5 So. 3d 787, 787 (Fla. 1s…
• M.W.G. v. State, 945 So. 2d 597 (Fla. 2d DCA 2006)
  …his absence. Coney v. State, 653 So. 2d 1009,1013 (Fla.1995). This includes hearings at which the imposition of and the amount of restitution are to be determined. See, e.g., T.A.S. v. State, 892 So. 2d 1233,1234 (Fla. 2d DCA 2005); Miller v. State, 833 So. 2d 318, 319 (Fla. 2d DCA 2003); J.B. v. State, 646 So. 2d 808 (Fla. 1st DCA 1994). However, a defendant can waive this right and exercise constructive presence through counsel. Coney, 653 So. 2d at 1013. If the defendant does so, before the proceedings may…
• Baker v. State, 979 So. 2d 453 (Fla. 2d DCA 2008)
  …as long been considered such a stage. Id. at 600. Therefore, unless the State can show that a defendant knowingly and voluntarily waived his right to be present at his restitution hearing, it is error to proceed in his absence. Id.; Miller v. State, 833 So. 2d 318, 319 (Fla. 2d DCA 2003). A defendant’s waiver of the right to be present at all stages of the proceedings may be express, or it may be implied from the defendant’s voluntary absence. Capuzzo v. State, 596 So. 2d 438, 439-40 (Fla.1992); Miller, 833…