ANTHONY LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Anthony Long appeals an order of restitution rendered by the trial court. It appears from the record that Mr. Long was not represented by counsel at the hearing. Restitution is part of sentencing. A criminal defendant is entitled have counsel representing him or her at sentencing, including that part of sentencing during which restitution is imposed. See Moore v. State, 868 So. 2d 683 (Fla. 5th DCA 2004); Moment v. State, 645 So. 2d 502 (Fla. 4th DCA 1994). Accordingly, the order must be reversed. Mr. Long also argues that the trial court lacked jurisdiction to impose the requirement of restitution against him. Given the procedural history of this case, however, we conclude that the trial court had, and upon remand will still have the jurisdiction to impose restitution.
REVERSED AND REMANDED.
SHARP, W., PALMER and MONACO, JJ., concur.
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Citator
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Ritch v. State, 14 So. 3d 1104 (Fla. 1st DCA 2009)…s further distinct societal goals.”). A criminal defendant is entitled to representation by counsel at all critical stages of the proceeding, including sentencing. This includes any hearing to determine the amount of restitution. See Long v. State, 876 So. 2d 718, 718 (Fla. 5th DCA 2004); Moment v. State, 645 So. 2d 502, 503 (Fla. 4th DCA 1994). We assume the same is true of any ostensibly civil proceedings the state could use to establish the amount of restitution by way of collateral estoppel, although we…
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Morgan v. State, 963 So. 2d 930 (Fla. 5th DCA 2007)
Authorities Cited
- Mel Jenkins v. Fla. Keys Cmty. Coll., 645 So. 2d 502 (Fla. 3d DCA 1994)
- Smith v. State, 868 So. 2d 683 (Fla. 5th DCA 2004)