WILLIE JOYCE VIRGIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PLEUS, J.
We affirm Virgil’s convictions for aggravated battery and aggravated assault, finding no double jeopardy violation. See Casselman v. State, 761 So. 2d 482 (Fla. 5th DCA 2000) (finding single episode in which defendant struck victim and then attempted to hit him sufficient to sustain charges of assault and battery). We reverse the court’s restitution order, however, as the State correctly concedes that the trial court lacked jurisdiction to enter such an order after Virgil filed her notice of appeal. Queen v. State, 832 So. 2d 956 (Fla. 5th DCA 2002). We remand this matter back to the trial court for a restitution hearing. Pearson v. State, 686 So. 2d 721, 722 (Fla. 2d DCA 1997).
CONVICTIONS AFFIRMED; RESTITUTION ORDER REVERSED; REMANDED.
SHARP, W., and TORPY, JJ., concur.
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Armstrong v. State, 995 So. 2d 597 (Fla. 1st DCA 2008)…hat the trial court violated double jeopardy principles by convicting him of both aggravated assault on a law enforcement officer and battery on a law enforcement officer. As to this ground alone, we affirm the denial of relief. See Virgil v. State, 894 So. 2d 1053 (Fla. 5th DCA 2005) (citing Casselman v. State, 761 So. 2d 482 (Fla. 5th DCA 2000)). It is well established that when a Rule 3.850 motion for postconviction relief is summarily denied, as Mr. Armstrong’s was in this case, we must reverse and remand…
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Solomon v. State, 206 So. 3d 822 (Fla. 2d DCA 2016)…uires an unlawful touching. See Casselman v. State, 761 So. 2d 482, 484 (Fla. 5th DCA 2000) (“The offenses of assault and battery are traditionally considered separate and different offenses because they proscribe different acts.”); Virgil v. State, 894 So. 2d 1053- (Fla. 5th DCA 2005) (affirming convictions for aggravated battery and aggravated assault). Mr. Solomon’s reliance on Ortiz-Medina v. State, 126 So. 3d 1183 (Fla. 4th DCA 2012), and James v. State, 386 So. 2d 890 (Fla. 1st DCA 1980), does not advan…
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Lutgens v. State (Fla. 5th DCA 2024)…for attempted manslaughter and aggravated assault. However, we quash the court’s restitution order because it was entered after Lutgens filed his notice of appeal, divesting the trial court of jurisdiction to enter such order. See Virgil v. State, 894 So. 2d 1053 (Fla. 5th DCA 2005). This ruling is without prejudice for the trial court to conduct a proper restitution hearing. See Queen v. State, 832 So. 2d 956 (Fla. 5th DCA 2002). CONVICTIONS AFFIRMED; RESTITUTION ORDER QUASHED; REMANDED. SOUD and PRATT, J…
Authorities Cited
- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- Kirby Lee Casselman v. State, 761 So. 2d 482 (Fla. 5th DCA 2000)
- Queen v. State, 832 So. 2d 956 (Fla. 5th DCA 2002)