Bonnie MILLER, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*319 James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.
Richard E. Doran, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.
DAVIS, Judge.
Bonnie Miller challenges the circuit court's final judgment of restitution requiring her to pay Shirley Dobruck $10,000 for a stolen coin collection. We reverse.
Hearsay may not be the basis for ordering restitution. Green v. State,
Burger testified that a pawnbroker had paid his mother $1000 for a small box containing approximately one-fifth of the contents of one of the gallon bags. However, the pawnbroker did not testify regarding that valuation, and the State failed to establish how Burger came to know of the pawnbroker's valuation.
Accordingly, Burger's testimony did not establish by a preponderance of the evidence the amount of the victim's loss. See Moore v. State,
It also was error for the trial court to conduct the restitution hearing in Miller's absence without a showing that her absence was voluntary. "A defendant has a right to be present at the stages of his trial where fundamental fairness might be thwarted by his absence." Papageorge v. State,
Here, Miller's counsel represented that Miller was bedridden and awaiting surgery at an area hospital, and the State presented nothing to contradict this assertion. Thus, the record does not demonstrate that Miller voluntarily absented herself from the restitution hearing nor that she knowingly and intelligently waived her presence.
Reversed and remanded for a new restitution hearing.
BLUE, C.J., and KELLY, J., Concur.
