DENNIS E. BIBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DENNIS E. BIBBS, APPELLANT,
STATE OF FLORIDA, APPELLEE
702 So. 2d 627
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant files an appeal from his convictions for attempted burglary of an occupied structure and possession of burglary tools. We find no error as to the conviction and sentence, but we do find that costs were imposed in violation of the rules enumerated in Bradshaw v. State, 638 So. 2d 1024, 1025 (Fla. 1st DCA 1994). Therefore, we affirm the conviction and sentence, but strike that portion of the final judgment imposing costs, and remand for the trial court to impose costs in accordance with the dictates of Bradshaw.
MINER and WOLF, JJ„ and SHIVERS, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Funchess v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)…pointed out by the Public Defender, the civil judgment of restitution was entered after the notice of appeal had divested the trial court of jurisdiction, and therefore that civil judgment imposing restitution is vacated. See, e.g., Prance v. State, 702 So. 2d 627 (Fla. 1st DCA 1997); M.C.L. v. State, 682 So. 2d 1209 (Fla. 1st DCA 1996). On remand, the trial court may again impose the restitution, following the proper procedures concerning notice and proofs, should the state demonstrate that its right to rest…
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Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999)…peal. After he filed his notice of appeal, the trial court held a hearing to set the amount of restitution. As the state concedes, the notice of appeal divested the trial court of jurisdiction to set the amount of restitution. See Prance v. State, 702 So. 2d 627 (Fla. 1st DCA 1997); M.C.L. v. State, 682 So. 2d 1209 (Fla. 1st DCA 1996); Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995). Since Mr. Brantley’s appeal of his conviction has now concluded, Brantley v. State, 709 So. 2d 538 (Fla. 1st DCA 1998) (…
Authorities Cited
- Torey Bradshaw and Alford R. Martin v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994)