JOHN L. OWENS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Murray Breitberg v. State, 14 So. 3d 1253 (Fla. 4th DCA 2009)
  …255] power of the appellate court to dispose of issues related to appellant’s conviction and sentence. The trial court was not divested of jurisdiction to consider the issue even after the filing of an appeal. Appellant relies on Shepherd v. State, 912 So. 2d 1250 (Fla. 2d DCA 2005), in which a sexual predator designation was vacated on direct appeal, the appellate court concluding that the trial court was divested of jurisdiction to amend the sentence after the filing of the notice of appeal. Although Shephe…
• Lauderdale v. State, 968 So. 2d 626 (Fla. 2d DCA 2007)
  …minimum term that was discussed at the sentencing hearing but was not actually orally announced by the trial court. Laud-erdale argues, and the State concedes, that the trial court lacked jurisdiction to make these amendments. See Shepherd v. State, 912 So. 2d 1250, 1252 (Fla. 2d DCA 2005) (vacating sexual predator designation imposed, in lieu of sexual offender designation originally imposed, after defendant filed notice of appeal). Accordingly, we vacate these amendments and remand for the entry of corrected…
• Hilton Allen v. State, 988 So. 2d 694 (Fla. 1st DCA 2008)
  …had been reclassified pursuant to section 794.023 to a first degree felony, section 775.21(4)(a)l.a. required him to be designated as a sexual predator. While the state agrees that the sexual predator designation is erroneous, see Shepherd v. State, 912 So. 2d 1250 (Fla. 2d DCA 2005), we cannot reach the issue because appellant did not file a timely notice of appeal or amended notice of appeal from the order designating him a sexual predator. Velickovich v. Ricci, 391 So. 2d 258 (Fla. 4th DCA 1980). Appellant’…

Authorities Cited

• Smallridge v. State, 904 So. 2d 601 (Fla. 1st DCA 2005)