AUBREY BARKER FUNCHESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Following a jury trial, appellant, Aubrey Funchess (Funchess) was convicted of manslaughter. The Public Defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Funchess waived his right to file a pro se brief. We have reviewed the record and agree with the Public Defender that no good faith argument can be made that reversible error occurred in the trial court. Accordingly, Funchess’ convictions and sentences are affirmed. However, as 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 restitution has been preserved. See, e.g., Hummell v. State, 693 So. 2d 113 (Fla. 5th DCA 1997).
MINER and WOLF, JJ„ and SHIVERS, Senior Judge, concur.
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Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000)…g pursuant to a rule of criminal procedure is by petition to this court pursuant to rule 9.140. Funchess. On the merits, the state’s response does not attempt to refute the factual representations made under oath by appellant. See, Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998). Nor does the state’s response present a good-faith factual basis for opposing the relief requested by the appellant. See, Wiggins v. State, 745 So. 2d 540 (Fla. 1st DCA 1999). Accordingly, we find that petitioner has establishe…
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Schubert v. State, 737 So. 2d 1102 (Fla. 1st DCA 1998)…ment to a belated appeal does not depend on a determination of disputed, facts, it is unnecessary for this court to appoint a commissioner to make a report and recommendation. See Hammond v. State, 706 So. 2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998).1 [*1103] Florida Rule of Appellate Procedure 9.140(j), created a new procedure for filing original petitions for belated appeal directly in this court. That procedure has been inconsistently applied, as our sister court noted in…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- M.C.L. v. State, 682 So. 2d 1209 (Fla. 1st DCA 1996)
- Hummell v. State, 693 So. 2d 113 (Fla. 5th DCA 1997)
- Bibbs v. State, 702 So. 2d 627 (Fla. 1st DCA 1997)