NADINE PEARSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court lacks jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed, even if jurisdiction was reserved as to the amount. Certain costs are discretionary or require consideration of ability to pay.
[1] A trial court lacks jurisdiction to hold a restitution hearing or enter an order setting the amount of restitution after a notice of appeal has been filed, even if jurisd…
[2] A discretionary cost assessed pursuant to section 943.25(18), Florida Statutes, must be stricken if the defendant was not given notice of the statutory basis for the cost…
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Join FLexlaw to unlock all legal intelligenceNadine Pearson was sentenced for multiple DUI and license suspension offenses. The trial court reserved jurisdiction on restitution, but then set the …
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WHATLEY, Judge.
Nadine Pearson appeals her sentence for two counts of driving under the influence with serious bodily injury, one count of driving under the influence with property damage, and one count of driving while license suspended and causing serious bodily injury. We find merit only in her argument that restitution was improperly ordered and her argument that two costs were improperly assessed.
During sentencing, the trial court entered an order requiring restitution, and it reserved jurisdiction as to the amount of restitution. Thereafter, Pearson filed her notice of appeal. After the notice of appeal was filed, the trial court conducted a restitution hearing and entered an order setting the amount of restitution. This was error. A trial court does not have jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed, even though the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount. Skaggs v. State, 620 So. 2d 1304 (Fla. 2d DCA 1993); Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995). Consequently, we reverse the order setting the amount of restitution. On remand, the trial court may conduct another hearing and again impose restitution. See Skaggs; Nguyen.
Further, two costs were improperly imposed. A cost of $2 was assessed pursuant, to section 943.25(18), Florida Statutes (1993). This cost is discretionary, and since the trial court failed to give Pearson notice of the statutory basis for this cost, this cost must be stricken. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). In addition, the trial court imposed $100 in costs of prosecution for the Florida Highway Patrol without considering Pearson’s ability to pay as required by section 939.01, Florida Statutes (1993). See Brown v. State, 677 So. 2d 395 (Fla. 2d DCA 1996). Consequently, we also strike this cost. On remand, the state may seek to reimpose these two costs.
Affirmed in part, reversed in part and remanded.
FRANK, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
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Kern v. State, 726 So. 2d 353 (Fla. 5th DCA 1999)…jurisdiction to conduct a restitution hearing or enter restitution orders after Kern filed a notice of appeal, even though the court previously ordered restitution and properly .reserved jurisdiction to hold a restitution hearing. Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997); Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995). The orders are therefore reversed and upon remand, if the trial court desires to impose additional restitution, it must conduct another hearing. In addition to the pre-crash v…
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Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)…tion to conduct a restitution hearing or enter restitution orders after Kern filed a notice of appeal, even though the court previously ordered restitution and properly reserved jurisdiction to hold a restitution hearing.”) (citing Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997); Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)); see also Torres v. State, 812 So. 2d 610 (Fla. 1st DCA 2002). Hence, the order awarding fees and requiring that they be paid as a condition of Woods’ probation must be revers…
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Colson v. State, 711 So. 2d 604 (Fla. 2d DCA 1998)…urisdiction to enter the order. A trial court does not have jurisdiction to enter an order of restitution after a notice of appeal has been filed even though the trial court previously reserved jurisdiction for the restitution. See Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997). Since appellant filed his notice of appeal with the trial court on July 31, 1996, and the restitution order was not entered until October 21, 1996, the trial court lacked jurisdiction to enter the order. We, therefore, reverse th…
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sang Van Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)
- Skaggs v. State, 620 So. 2d 1304 (Fla. 2d DCA 1993)
- Brown v. State, 677 So. 2d 395 (Fla. 2d DCA 1996)