L.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
L.G., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
64 So. 3d 753
Florida District Court of Appeal, Fifth District (2011)
Positive Treatment
Cited by 3 cases
Opinion of the Court
L.G. appeals the trial court’s order incorporating the Department of Juvenile Justice’s community based treatment plan into his probation for lewd and lascivious conduct. We find no reversible error and affirm. However, we remand for the entry of an order clarifying where L.G. shall live. L.G. is required to follow both the psychosexual evaluation recommendations and the community based treatment plan as conditions of his probation. The psy-chosexual evaluation provided that he remain in the residence of his mother’s cousin, but the community based treatment plan provided that he live with his mother. Accordingly, clarification of the court’s ruling is required.
AFFIRMED, REMAND for clarification.
TORPY and JACOBUS, JJ., concur.
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…In Smith, 34 So. 3d at 818, this court suggested that unless a motion qualifies to be dismissed as successive, the trial court has concurrent jurisdiction to rule on the motion. Shortly thereafter, the Fifth District followed suit in Boule v. State, 64 So. 3d 753, 753 (Fla. 5th DCA 2011). [*664] Despite a clear trend in favor of concurrent jurisdiction, the rule announced in Gobie has not been completely abandoned. For example, in Washington v. State, 823 So. 2d 248, 249-50 (Fla. 4th DCA 2002), the court hel…
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Siskos v. State, 163 So. 3d 739 (Fla. 5th DCA 2015)…nding appeal. E.g., Tompkins v. State, 894 So. 2d 857, 859 (Fla.2005); Jones v. State, 135 So. 3d 1137 (Fla. 5th DCA 2014); Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012); Jackman v. State, 88 So. 3d 325, 327 (Fla. 4th DCA 2012); Boule v. State, 64 So. 3d 753 (Fla. 5th DCA 2011); Smith v. State, 34 So. 3d 818 (Fla. 2d DCA 2010). Siskos’s pending postconviction appeal, and the allegation raised in the amended motion, are clearly related. Consequently, the trial court had no jurisdiction to enter its order…
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