CURTIS LOCUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2001-04-17
No. 1D00-1631
BARFIELD, C.J., WOLF and POLSTON, JJ., concur.
785 So. 2d 594 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the appellant’s conviction. However, the trial court did not have jurisdiction to hold a restitution hearing once the appellant filed a notice of appeal. See Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999). As a result, we reverse and remand for the trial court to conduct another hearing and impose restitution again should it elect to do so.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BARFIELD, C.J., WOLF and POLSTON, JJ., concur.


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  • Queen v. State, 832 So. 2d 956 (Fla. 5th DCA 2002)
    …der an order thereon. See Marro v. State, 803 So. 2d 906 (Fla. 4th DCA 2002); Kern v. State, 726 So. 2d 353 (Fla. 5th DCA 1999). However, this ruling is without prejudice to the court to conduct another restitution hearing on remand. Locus v. State, 785 So. 2d 594 (Fla. 1st DCA 2001). Both the state and the public defender agree on this point. AFFIRMED in part; Conditions (10) and (12) STRICKEN; Order Setting Restitution Amount QUASHED; REMANDED. COBB and PLEUS, JJ., concur. . § 806.13(l)(a) and (b), Fla.…
  • Fisher v. State, 124 So. 3d 413 (Fla. 5th DCA 2013)
    …the victim’s student loans when the original restitution order required restitution only for expenses related to the victim’s medical costs. Accordingly, we reverse the restitution order and remand for a new restitution hearing. See Locus v. State, 785 So. 2d 594 (Fla. 1st DCA 2001). At such hearing, the State can seek the full amount of restitution due for the victim’s “medical and related services and devices related to physical, psychiatric and psychological care, including non-medical care and treatment…

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