KENNETH HENRY WIGGINTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH HENRY WIGGINTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
968 So. 2d 628
Florida District Court of Appeal, Second District (2007)
Positive Treatment
Cited by 10 cases
Opinion of the Court
FULMER, Judge.
We affirm without prejudice to Wiggin-ton’s right to pursue relief under Florida Rule of Criminal Procedure 3.850.
WHATLEY and SILBERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kittelson v. State, 980 So. 2d 533 (Fla. 5th DCA 2008)…timely modification. Restitution may be imposed at the time of sentencing or within sixty days thereafter. Ridley v. State, 890 So. 2d 1261, 1262 (Fla. 5th DCA 2005); see also State v. Sanderson, 625 So. 2d 471, 473 (Fla.1993); L’Heureux v. State, 968 So. 2d 628, 629-30 (Fla. 2d DCA 2007) (“[A] trial court may properly order restitution within sixty days after failing to order restitution at sentencing and failing to reserve jurisdiction to do so.”) However, “[o]nce the court has entered an order setting th…
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Henry v. State, 42 So. 3d 317 (Fla. 2d DCA 2010)…ecause it was rendered at a time when the circuit court had no jurisdiction. On these facts, we disagree and affirm. There is no dispute that a trial court may not impose restitution after a notice of appeal has been filed. See L’Heureux v. State, 968 So. 2d 628, 630 (Fla. 2d DCA 2007); Pearson v. State, 686 So. 2d 721, 721 (Fla. 2d DCA 1997). However, a trial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court…
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Williams v. State, 19 So. 3d 433 (Fla. 2d DCA 2009)…nd rendered restitution orders. Williams contends, and the State concedes, that the trial court did not have jurisdiction to hold a restitution hearing or enter a restitution order after Williams filed his notice of appeal. See L’Heureux v. State, 968 So. 2d 628, 630 (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). “A trial court does not have jurisdiction to hold a restitution hearing or enter an order of restitution afte…
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