CHRISTOPHER RILEY RENFROE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court lacked jurisdiction to enter a restitution order after a notice of appeal was filed.
Defendant pleaded guilty to several felony charges and was sentenced. After filing a notice of appeal, the trial court held a restitution hearing and …
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Christopher Riley Renfroe appeals from the judgments and sentences entered in circuit court case numbers 07-CF-001402, 07-CF-001615, and 07-CF-001345. We affirm the judgments and sentences without comment but reverse the restitution order entered July 23, 2008, in circuit court case number 07-CF-001345 and remand for a new restitution hearing.
Mr. Renfroe entered an open plea of guilty to charges of felon in possession of a firearm in 07-CF-001402, burglary of a conveyance and grand theft in 07-CF-001615, and burglary of a dwelling, grand theft, and grand theft of a firearm in 07-CF-001345. He was sentenced on May 12, 2008. Mr. Renfroe then filed a pro se notice of appeal from the judgments and sentences. After this notice of appeal was filed, the circuit court held a restitution hearing and entered an order imposing restitution in 07-CF-001345.
The State correctly concedes that the trial court was without jurisdiction to enter this order because Mr. Renfroe already had filed his notice of appeal from the judgments and sentences. “A trial court does not have jurisdiction to hold a restitution hearing or enter an order of restitution 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.” 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 reversal for lack of jurisdiction, any additional restitution-related issues raised as part of this appeal are moot.
Reversed and remanded.
WHATLEY and KELLY, JJ., Concur.
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Brayley v. State, 93 So. 3d 1233 (Fla. 2d DCA 2012)…ng a motorcycle without endorsement. But, as conceded by the State, wé must reverse the order imposing restitution because it was entered after Brayley filed his notice of appeal, which divested the trial court of jurisdiction. See Renfroe v. State, 20 So. 3d 1027 (Fla. 2d DCA 2009). On remand, the trial court may conduct another hearing and again enter an order imposing restitution. Affirmed in part, reversed in part, and remanded. KELLY and VILLANTI, JJ., Concur.…
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D.C.H. v. State, 42 So. 3d 340 (Fla. 5th DCA 2010)…conduct another hearing to determine restitution. Based on the concession of the parties and our review of the record, we reverse the restitution order and remand this case to the trial court for another restitution hearing. See Renfroe v. State, 20 So. 3d 1027, 1027 (Fla. 2d DCA 2009) (“The State correctly concedes that the trial court was without jurisdiction to enter this order because Mr. Renfroe already had filed his notice of appeal from the judgments and sentences. ‘A trial court does not have juris…
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Jacobs v. State, 125 So. 3d 1002 (Fla. 2d DCA 2013)…tice of appeal divested the trial court of jurisdiction; therefore, we must reverse the restitution order that was entered days after Jacobs filed his notice of appeal. See Brayley v. State, 93 So. 3d 1233, 1234 (Fla. 2d DCA 2012); Renfroe v. State, 20 So. 3d 1027, 1027 (Fla. 2d DCA 2009). We otherwise affirm the judgments and sentences but “remand for the trial court to have the opportunity to conduct another hearing and reimpose restitution.” See Renfroe, 20 So. 3d at 1027. Affirmed in part, reversed in p…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- Jenkins v. State, 954 So. 2d 738 (Fla. 2d DCA 2007)
- Williams v. State, 19 So. 3d 433 (Fla. 2d DCA 2009)