ALVIN F. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALVIN F. WILSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
636 So. 2d 181
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PETERSON, Judge.
Alvin F. Wilson appeals the sentences imposed upon him after we reversed his original sentences in Wilson v. State, 618 So. 2d 741 (Fla. 5th DCA 1993). However, the trial court mistakenly believed that the mandate of this court reversing the original sentence became final prior to the resentencing on May 17, 1993. Since the issuance of the mandate was delayed until June 23, 1993 because a motion for rehearing was filed, the trial court lacked jurisdiction to resentence on May 17, 1993 while the original appeal was pending with this court.
We therefore must vacate the sentences imposed on May 17, 1993 and remand for resentencing.
SENTENCES VACATED; REMANDED FOR RESENTENCING.
GRIFFIN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pickett v. State, 678 So. 2d 857 (Fla. 5th DCA 1996)…identiary hearing.1 See Weeks; Coleman v. State, 651 So. 2d 239 (Fla. 5th DCA 1995). Further, it was error for the court to direct the probation officer to set the restitution payment schedule as only the trial court may do so. See Hillman v. State, 636 So. 2d 181 (Fla. 5th DCA 1994). Finally, the State concedes that the $96 First Step fee should be stricken. We affirm appellant’s conviction, strike the probation provisions as discussed above, and remand for further proceedings consistent herewith. AFFIRME…
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Henderson v. State, 818 So. 2d 619 (Fla. 2d DCA 2002)…10 while the original appeal was still pending with this court. See State v. Miyasato, 805 So. 2d 818, 824 (Fla. 2d DCA 2001) (noting that the effect [*621] of mandate is to return full jurisdiction of the case to the trial court); Wilson v. State, 636 So. 2d 181, 182 (Fla. 5th DCA 1994) (vacating a sentence and remanding for resentencing because the trial court had no jurisdiction to sentence the defendant before mandate issued). Thus, the original resentencing was conducted, and the only written judgment a…
Authorities Cited
- Wilson v. State, 618 So. 2d 741 (Fla. 5th DCA 1993)