JOSEPH EDWARD FARLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Farley appeals the denial of a dispositive motion to suppress. Finding no error, we affirm. See Ortiz v. State, 24 So.3d 596 (Fla. 5th DCA 2009); P.B.P. v. State, 955 So.2d 618 (Fla. 2d DCA 2007).
We treat Farley’s motion to vacate the trial court’s order for restitution as a supplemental brief following the amendment of his notice of appeal. Although the trial court reserved jurisdiction to determine *722restitution, because it conducted the hearing and entered the order after a notice of appeal had been filed, that order is without effect. See Nguyen v. State, 655 So.2d 1249, 1249-50 (Fla. 1st DCA 1995). Upon remand, the trial court may conduct a new hearing and again impose restitution.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
GRIFFIN, TORPY and COHEN, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kleintank v. State, 178 So. 3d 15 (Fla. 5th DCA 2015)
Authorities Cited
- Sang Van Nguyen v. State, 655 So. 2d 1249 (Fla. 1st DCA 1995)
- Ortiz v. State, 24 So. 3d 596 (Fla. 5th DCA 2009)
- P.B.P. v. State, 955 So. 2d 618 (Fla. 2d DCA 2007)