KENNETH ARMSTRONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this direct criminal appeal, appellant filed a notice of appeal on August 12, 2009, seeking review of his judgment and sentence. On September 4, 2009, pursuant to a stipulation by the parties, the trial court entered a “Restitution Order.” No notice of appeal was filed seeking review of that order. Appellant now raises only one issue. He asserts that “the trial court erred in imposing restitution since jurisdiction had been divested by filing the notice of appeal.”
We are, of course, obliged to determine whether we have subject matter jurisdiction over an appeal even if the parties fail to raise the issue. E.g., Polk County v. Sofka, 702 So.2d 1243, 1245 (Fla.1997). Here, because appellant failed to file a notice of appeal seeking review of the restitution order, we lack jurisdiction to consider the argument he now makes. Studnicka v. State, 679 So.2d 819, 822 (Fla. 3d DCA 1996). Accordingly, we are constrained to dismiss this appeal.
DISMISSED.
PADOVANO and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Turner v. State, 40 So. 3d 925 (Fla. 1st DCA 2010)…the trial court erred in imposing restitution after appellant had filed his notice of appeal. As to that issue, we lack jurisdiction because appellant failed to file a separate notice of appeal challenging the restitution order. Armstrong v. State, 29 So. 3d 1211 (Fla. 1st DCA 2010). Because we lack jurisdiction as to that issue, we are constrained to dismiss that portion of the appeal. AFFIRMED IN PART and DISMISSED IN PART. HAWKES, C.J., KAHN and WEBSTER, JJ., concur.…
Authorities Cited
- Polk Cnty. v. Sofka, 702 So. 2d 1243 (Fla. 1997)
- Studnicka v. State, 679 So. 2d 819 (Fla. 3d DCA 1996)