ALLEN D. BRANTLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
After a jury trial, Allen D. Brantley was convicted of grand theft. During sentencing, the trial court ordered restitution and reserved jurisdiction to set the amount. On July 2, 1997, Mr. Brantley filed a notice of appeal. 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) (per curiam affirmance), “the trial court may conduct another hearing, and again impose restitution, should it elect to do so.” Nguyen, 655 So. 2d at 1250.
REVERSED.
KAHN, BENTON and VAN NORTWICK, JJ., Concur.
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Szymanowski v. State, 771 So. 2d 10 (Fla. 4th DCA 2000)…tive defenses. We disagree and reverse and remand on this issue. See Smith v. State, 719 So. 2d 1017 (Fla. 4th DCA 1998); Bartley v. State, 689 So. 2d 372 (Fla. 1st DCA 1997); Jenkins v. State, 625 So. 2d 883 (Fla. 1st DCA 1993); and Paulk v. State, 723 So. 2d 909 (Fla. 1st DCA 1999). The other issues raised on appeal are without merit and we affirm the summary denial of appellant’s 3.850 motion on those issues. As for the second ineffective assistance issue discussed above, we reverse and remand for an evid…
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Williams v. State, 952 So. 2d 616 (Fla. 1st DCA 2007)…ficient to overcome Appellant’s motion for judgment of acquittal. We reverse the order of restitution because the trial court lacked jurisdiction to enter such order, as Appellant had already filed her notice of appeal. See, e.g., Brantley v. State, 723 So. 2d 909 [*617] (Fla. 1st DCA 1999). We note that, upon return of jurisdiction to the trial court, the trial court may conduct another restitution hearing. See id. AFFIRMED in part, REVERSED in part, and REMANDED. WEBSTER and PADOVANO, JJ., concur.…
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Cribbs v. State, 745 So. 2d 582 (Fla. 1st DCA 1999)…an order of restitution entered by the trial court after the notice of appeal had divested the trial court of its jurisdiction. Because the trial court lacked jurisdiction to enter the restitution order, we reverse that order. See Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999); Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997). On remand, the trial court may conduct another hearing and again impose restitution. ALLEN, WEBSTER and BROWNING, JJ., CONCUR.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sang Van Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)
- M.C.L. v. State, 682 So. 2d 1209 (Fla. 1st DCA 1996)
- Bibbs v. State, 702 So. 2d 627 (Fla. 1st DCA 1997)