CHRISTOPHER LEE JACOBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Restitution Order cases and more on FLexlaw
Christopher Lee Jacobs challenges his judgments and sentences for two felony counts of driving under the influence involving serious bodily injury and one count of misdemeanor driving while license was suspended. The only issue he raises on appeal is whether the trial court erred by entering a restitution order after he filed his notice of appeal.
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 Renfroe, 20 So.3d at 1027.
Affirmed in part, reversed in part, and remanded.
KHOUZAM and BLACK, JJ, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ayala v. State, 231 So. 3d 582 (Fla. 2d DCA 2017)…in case number 2016-CF-1843, it appears that he is entitled to some jail credit for his offenses in that ease. At a minimum, he would be entitled to credit for time that he was in custody after he was arraigned for those offenses. See Wade v. State, 125 So. 3d 1002, 1003-04 (Fla. 2d DCA 2013) (holding that when a summons was served on a defendant in a criminal case and he was arraigned on those charges while in custody for other offenses, the defendant was entitled to jail credit for the time he spent in custo…
-
Dahrol James v. State, 173 So. 3d 1035 (Fla. 2d DCA 2015)…15, 2003. While it appears James may not have been formally arrested in the case until July 8, 2003, he would be entitled to jail credit for the time he actually spent in custody in case number 2002-CF-8476 pri- or to sentencing. See Wade v. State, 125 So. 3d 1002, 1003-04 (Fla. 2d DCA 2013) (“[W]hile Wade may not have been formally arrested until sentencing, the fact that the State failed to take the simple step of executing the warrant does not bar him from receiving jail credit for the time he spent in cus…
Authorities Cited
- Renfroe v. State, 20 So. 3d 1027 (Fla. 2d DCA 2009)
- Brayley v. State, 93 So. 3d 1233 (Fla. 2d DCA 2012)