KENNETH BRAYLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2012-08-10
No. 2D11-3063
KELLY and VILLANTI, JJ., Concur.
93 So. 3d 1233 Florida District Court of Appeal, Second District (2012) Positive Treatment
Cited by 4 cases
Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

We affirm Kenneth Brayley’s judgments and sentences for felony driving under the influence of alcohol (third offense), refusal to submit to testing, driving while license suspended or revoked, and operating 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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Jacobs v. State, 125 So. 3d 1002 (Fla. 2d DCA 2013)
    …The State concedes, and we agree, that the filing of the notice 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 Re…
  • Dupree v. State, 137 So. 3d 444 (Fla. 4th DCA 2014)
    …dant also argues that the trial court lacked jurisdiction to order restitution after he filed his notice of appeal. We agree and the state concedes this point. See, e.g., Marro v. State, 803 So. 2d 906, 906-907 (Fla. 4th DCA 2002); Brayley v. State, 93 So. 3d 1233, 1234 (Fla. 2d DCA 2012). However, because the trial court reserved jurisdiction to impose restitution, on remand the trial court may conduct another hearing and again enter an order imposing restitution. Marro, 803 So. 2d at 907. Affirmed in part,…

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