WALTER JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court lacks jurisdiction to impose a probation order while a case is pending on appeal without a relinquishment of appellate jurisdiction.
Walter Jones appealed an order revoking his probation in two cases. The probation order was imposed while an appeal in those same cases was pending be…
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SALCINES, Judge.
Walter Jones appeals a single order revoking probation in two separate cases.1 He argues that the underlying probation order could not be revoked because the trial court lacked jurisdiction to have imposed the probation order in the first place. Jones is correct. The trial court imposed the underlying probation order while Jones v. State, 744 So. 2d 537 (Fla. 2d DCA 1999), was pending on appeal.2 This was done without a relinquishment of this court’s jurisdiction and without any other basis upon which the trial court could have acquired jurisdiction. Because the trial court lacked jurisdiction to change Jones’s sentence during the pendency of the appeal, the probation order was void. See Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983). Accordingly, we are compelled to reverse the subsequent order revoking Jones’s probation. See id.
Reversed and remanded.
WHATLEY and SILBERMAN, JJ., Concur. . State v. Jones, Nos. CRC96-03398CFANO and CRC96-19892CFANO (Fla. 14th Cir. 1996).
. As in the present appeal, Jones's prior appeal concerned sentences imposed in cases CRC96-03398CFANO and CRC96-19892CFA-NO.
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Reynaldo Torres v. State, 42 So. 3d 914 (Fla. 2d DCA 2010)…in effect on the date of his offenses. Finally, Torres correctly contends that the trial court lacked jurisdiction to enter the May 11, 2009, probation order because the order added probationary terms to five of Torres’ offenses. See Jones v. State, 814 So. 2d 1126, 1126-27 (Fla. 2d DCA 2002) (“Because the trial court lacked jurisdiction to change Jones’s sentence during the pendency of the appeal, the probation order was void.”). [*916] Accordingly, we reverse and remand for the trial court to enter a correct…
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Hernandez v. Hernandez, 924 So. 2d 853 (Fla. 2d DCA 2006)…rpose of setting temporary child support pending review on appeal. Thus, the trial court acted outside the jurisdiction it had been granted, rendering this later order void, despite the fact that it properly recognized its error. Cf. Jones v. State, 814 So. 2d 1126 (Fla. 2d DCA 2002) (holding that an order the trial court enters without jurisdiction is void). We reverse the final judgment on appeal, affirm the former wife’s cross-appeal, and remand the case for reconsideration of permanent child support in l…
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J.R.S. v. State, 11 So. 3d 1009 (Fla. 4th DCA 2009)…ress physical evidence, JRS argues that the court committed a reversible error. First, the State argues that the trial court’s written order is a nullity because it was entered after jurisdiction had vested in this Court. See, e.g., Jones v. State, 814 So. 2d 1126, 1126-27 (Fla. 2d DCA 2002) (“Because the trial court lacked jurisdiction to change Jones’s sentence during the pendency of the appeal, the probation order was void.”); Vara v. State, 575 So. 2d 306, 307 (Fla. 2d DCA 1991) (“We conclude that at the…
Authorities Cited
- Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983)
- Jones v. State, 744 So. 2d 537 (Fla. 2d DCA 1999)