PERRY TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PERRY TORRES, APPELLANT,
STATE OF FLORIDA, APPELLEE
812 So. 2d 610
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appealed restitution order is vacated and the case is remanded, as the trial court lacked jurisdiction with regard to restitution while the appellant’s underlying conviction was pending on appeal. See Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995); Edwards v. State, 734 So. 2d 1130 (Fla. 2d DCA 1999); Kern v. State, 726 So. 2d 353 (Fla. 5th DCA 1999).
ALLEN, C.J., BENTON and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)…he 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 reversed. Woods also contends that the trial court erred in denying his motion to withdraw his plea to the charge of viol…
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McELRATH v. State, 821 So. 2d 1210 (Fla. 5th DCA 2002)…. We affirm McElrath’s convictions. However, we vacate the restitution order entered by the trial court because the trial court lacked jurisdiction to order restitution while McElrath’s underlying conviction was pending on appeal. Torres v. State, 812 So. 2d 610 (Fla. 1st DCA 2002).1 [*1211] CONVICTIONS AFFIRMED; RESTITUTION ORDER VACATED; CASE REMANDED. SHARP, W., PLEUS and ORFINGER, R.B., JJ., concur. . Although we vacate the restitution order because the trial court lacked jurisdiction, the trial co…
Authorities Cited
- Sang Van Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)
- Kern v. State, 726 So. 2d 353 (Fla. 5th DCA 1999)
- Hamilton v. State, 734 So. 2d 1130 (Fla. 1st DCA 1999)