MELISSA WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this criminal appeal, we affirm the conviction. Appellant, however, correctly asserts that the trial court lacked jurisdiction to enter a restitution order after appellant filed a notice of appeal as to the judgment and sentence. See Horan v. State, 990 So.2d 1264, 1265 (Fla. 1st DCA 2008); Williams v. State, 952 So.2d 616 (Fla. 1st DCA 2007); Brantley v. State, 723 So.2d 909 (Fla. 1st DCA 1999) (noting the State conceded that filing the notice of appeal divested the trial court of jurisdiction to set the amount of restitution); Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995). Pursuant to Brantley, Williams, Horan, and Nguyen, upon the return of jurisdiction to the trial court, that court may conduct another restitution hearing and rule in accordance with the evidence presented.
AFFIRMED in part, REVERSED in part, and REMANDED.
KAHN, BENTON, and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hime v. State, 219 So. 3d 935 (Fla. 1st DCA 2017)…AM. We affirm Appellant’s conviction and sentence. However, because Appellant filed her notice of appeal before the trial court entered its restitution order, that order was entered without jurisdiction, and we must reverse. See Williams v. State, 15 So. 3d 933 (Fla. 1st DCA 2009) (holding that a trial court is divested of jurisdiction to enter a restitution order once a noticé of appeal has been filed). On remand, the trial court may conduct a new restitution hearing and enter a new order should it choose…
Authorities Cited
- Sang Van Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)
- Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999)
- Paulk v. State, 723 So. 2d 909 (Fla. 1st DCA 1999)
- Williams v. State, 952 So. 2d 616 (Fla. 1st DCA 2007)
- S.M. v. Fla. Dep't OF Child. & Families & the Guardian ad Litem Program, 990 So. 2d 1264 (Fla. 1st DCA 2008)