MONICA HOPE JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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VILLANTI, Judge.
Monica Jenkins appeals her conviction for organized fraud. We affirm her conviction without comment. However, Jenkins challenges the trial court’s final judgment of restitution rendered on February 20, 2006, arguing that the trial court lacked jurisdiction to enter the order. We agree.
A party’s filing of a notice of appeal divests the trial court of jurisdiction to enter a restitution order. Colson v. State, 711 So. 2d 604, 605 (Fla. 2d DCA 1998) (reversing a restitution order on direct appeal of a judgment and sentence when the restitution order was entered after the notice of appeal was filed); Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997) (reversing a restitution order on direct appeal of a sentence when the restitution order was entered after the notice of appeal was filed). Jenkins filed her notice of appeal on July 1, 2005. Therefore, on February 20, 2006, while her appeal was pending, the trial court lacked jurisdiction to enter the restitution order. Accordingly, we reverse the restitution order and remand for further proceedings.
Affirmed in part; reversed in part.
WHATLEY and CANADY, JJ., Concur.
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L'Heureux v. State, 968 So. 2d 628 (Fla. 2d DCA 2007)…nce was filed. Scott v. State, 629 So. 2d 280, 281 (Fla. 5th DCA 1993). Although a trial court may impose restitution within sixty days of sentencing, a trial court lacks jurisdiction to do so while a direct appeal is pending. See Jenkins v. State, 954 So. 2d 738, 738 (Fla. 2d DCA 2007); Colson v. State, 711 So. 2d 604, 605 (Fla. 2d DCA 1998); Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997). In other words, a trial court’s jurisdiction to impose a restitution order is temporarily suspended once a no…
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Renfroe v. State, 20 So. 3d 1027 (Fla. 2d DCA 2009)…hough the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount.” Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997); see also Williams v. State, 19 So. 3d 433 (Fla. 2d DCA 2009); Jenkins v. State, 954 So. 2d 738 (Fla. 2d DCA 2007). Accordingly, we reverse the order imposing restitution and remand for the trial court to have the opportunity to conduct another hearing and reimpose restitution. See Pearson, 686 So. 2d at 721-22. We note that because of the rev…
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D.C.H. v. State, 42 So. 3d 340 (Fla. 5th DCA 2010)…on after a notice of appeal has been filed, even though the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount.’” (quoting Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997))); Jenkins v. State, 954 So. 2d 738, 738 (Fla. 2d DCA 2007) (“A party’s filing of a notice of appeal divests the trial court of jurisdiction to enter a restitution order.”). REVERSED and REMANDED. GRIFFIN and PALMER, JJ., concur.…
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- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- Colson v. State, 711 So. 2d 604 (Fla. 2d DCA 1998)