HAROLD DUANE MATHENY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHOONOVER, Judge.
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error, and we therefore affirm the judgment and sentence entered by the trial court on January 22, 1982.
However, subsequent to the entry of the above-mentioned judgment and sentence, and the filing of a notice of appeal by the appellant, the trial court modified said sentence. Since the filing of the notice of appeal vested exclusive jurisdiction in this court, the trial court did not have jurisdiction to modify the sentence. Kelly v. State, 359 So. 2d 493 (Fla. 1st DCA 1978). We accordingly strike the order modifying the sentence appealed from without prejudice to the appellant filing a proper motion for modification of his sentence pursuant to the Florida Rules of Criminal Procedure.
AFFIRMED.
HOBSON, A.C.J., and DANAHY, J., concur.
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Gardner v. Johnson, 451 So. 2d 477 (Fla. 1984)…f the Second District Court of Appeal which affirmed the trial court’s determination that section 877.16, Florida Statutes (1979), is unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. The district court’s decision is reported at 429 So. 2d 1341 (Fla. 2d DCA 1983). Section 877.16 states in its entirety: 877.16, Exhibition of deformed animals prohibited; penalty — Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed, or disfigured beast, bird, or an…
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Figone v. Honorable Brandt C. Downey, III, 547 So. 2d 697 (Fla. 2d DCA 1989)…699] notwithstanding the outcome of the new charges, Figone argues that the trial court acted without jurisdiction when it placed him on community control and continues to lack jurisdiction over the insurance fraud case. See, e.g., Matheny v. State, 429 So. 2d 1341 (Fla. 2d DCA 1983); Kelly v. State, 359 So. 2d 493 (Fla. 1st DCA 1978).5 The state appears to concede that the trial court acted without jurisdiction when it reduced the original prison sentence, but suggests that since it would have been proper fo…
Authorities Cited
- Ulysses R. Kelly, Jr. v. State, 359 So. 2d 493 (Fla. 1st DCA 1978)