ANTHONY OTHOUSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Anthony Othouse challenges the circuit court’s refusal to impose a downward departure sentence after he pleaded guilty to charges of accessory after the fact to second-degree murder and to attempted first-degree murder. We affirm. See Patterson v. State, 796 So. 2d 572, 574 (Fla. 2d DCA 2001). After sentencing, Othouse filed a motion to mitigate his sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). But three days later he filed his notice of appeal. That notice divested the circuit court of jurisdiction to rule on the pending motion. See State v. Williams, 780 So. 2d 1031, 1032 (Fla. 1st DCA 2001). Our affirmance is without prejudice to Othouse’s right to pursue his motion to mitigate sentence. See Lacquey v. State, 731 So. 2d 724, 725 (Fla. 2d DCA 1999).
Affirmed.
FULMER, C.J., and NORTHCUTT and CASANUEVA, JJ., concur.
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Onondieu Demelus v. King Motor Co. of Fort Lauderdale, 24 So. 3d 759 (Fla. 4th DCA 2009)…396-97 (Fla. 1st DCA 2004). Demelus relies primarily on the theory of negligent access to a vehicle, as established in Vining v. Avis Ren-A-Car Systems, Inc., 354 So. 2d 54 (Fla.1977), and applied recently in Hewitt v. Avis Rent-A-Car System, Inc., 912 So. 2d 682 (Fla. 1st DCA 2005). We find these cases distinguishable and, therefore, not controlling. Demelus also relies on a theory of premises liability, which we find to be without merit because Demelus’s injury did not occur on King Motor’s premises. In V…1 / 2
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Liranzo-Cruzata v. State, 6 So. 3d 114 (Fla. 2d DCA 2009)…olding that trial court loses jurisdiction to rule on a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate or modify sentence while direct appeal is pending; remanding with directions to reinstate the initial sentence); Othouse v. State, 912 So. 2d 682 (Fla. 2d DCA 2005) (holding that notice of appeal divested circuit court of jurisdiction to rule on the pending rule 3.800(c) motion). ALTENBERND, WHATLEY, and LaROSE, JJ., Concur.…
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Indasia Underwood v. State, 272 So. 3d 858 (Fla. 2d DCA 2019)…otice of appeal was filed, the trial court entered an order denying the motion for mitigation and reduction of sentence. The trial court was without jurisdiction to consider the motion after the notice of appeal was filed. See Othouse v. State, 912 So. 2d 682, 682 (Fla. 2d DCA 2005). The trial court should have dismissed the motion rather than deny it. See Hawthorne v. State, 226 So. 3d 292, 293 (Fla. 2d DCA 2017) ("Because the filing of a notice of appeal divests the trial court of jurisdiction, th…
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- Patterson v. State, 796 So. 2d 572 (Fla. 2d DCA 2001)
- State v. Williams, 780 So. 2d 1031 (Fla. 1st DCA 2001)
- Britton Brown v. State, 731 So. 2d 724 (Fla. 2d DCA 1999)