JOSEPH EDWARD FARLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-03-04
No. 5D10-415
GRIFFIN, TORPY and COHEN, JJ„ concur.
55 So. 3d 721 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

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.


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