SHAVERS v. STATE, 644 So.2d 1029 (Fla.App. 4 Dist. 1994)

No. 94-0963.District Court of Appeal of Florida, Fourth District.
November 16, 1994.

Appeal from the Circuit Court for St. Lucie County; Dwight L. Geiger, Judge.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The state having conceded error, based upon the decisions of this court in Denmark v. State, 588 So.2d 324 (Fla. 4th DCA 1991), and Thomas v. State, 566 So.2d 613 (Fla. 4th DCA 1990) quashed on other grounds, 593 So.2d 219 (Fla. 1992), we remand to the trial court with direction to conduct a restitution hearing at which appellant should be present and be given an opportunity to be heard.

DELL, C.J., and GLICKSTEIN and FARMER, JJ., concur.

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