V.U.B., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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V.U.B. appealed his delinquency adjudication for robbery and grand theft, challenging the trial court's restitution order entered after he filed his notice of appeal. The court held that a trial court loses jurisdiction to enter restitution orders once a notice of appeal is filed, even if restitution was previously reserved.
A trial court loses jurisdiction to hold a restitution hearing or enter a restitution order once a defendant files his notice of appeal, even if the court previously reserved jurisdiction on the issue of restitution. The exception allowing written orders after appeal that memorialize prior oral rulings does not apply when the court expressly continued the restitution issue and did not make oral findings on the record.
[1] A trial court loses jurisdiction to hold a restitution hearing or enter a restitution order once a defendant files a notice of appeal.
[2] A trial court retains jurisdiction to render written orders after a notice of appeal is filed if those orders merely memorialize oral rulings made prior to the notice of…
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Join FLexlaw to unlock all legal intelligence“Even though a trial court may reserve jurisdiction on the issue of restitution, it loses jurisdiction to hold a restitution hearing or to enter a restitution order once a defendant files his notice of appeal.”
Establishes the core rule that filing a notice of appeal divests the trial court of jurisdiction over restitution matters.
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a disposition order finding V.U.B. guilty of robbery and grand theft on July 24, 2014. A restitution hearing was held on Augus…
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V.U.B. appeals the order finding him guilty of the delinquent acts of robbery and grand theft, withholding adjudication, and imposing probation for an indefinite period of time not to exceed V.U.B.’s nineteenth birthday. On appeal he contends that the trial court lacked jurisdiction to enter the restitution order after he filed his notice of appeal. We agree.
The trial court entered a disposition order on July 24, 2014, and held a hearing on restitution on August 13, 2014. V.U.B. was not present at the restitution hearing. After hearing evidence from the State on the amount to be imposed, the trial court continued the hearing to August 27, 2014, and gave defense counsel an opportunity to submit case law and secure the attendance of his client. V.U.B. filed his notice of appeal on August 21, 2014. The trial court held a second hearing on restitution on August 27, 2014, which V.U.B. attended, and entered an order imposing $4220.27 in restitution. This was error.
“Even though a trial court may reserve jurisdiction on the issue of restitution, it loses jurisdiction to hold a restitution hearing or to enter a restitution order once a defendant files his notice of appeal.” Rattee v. State, 128 So.3d 876, 876 (Fla. 2d DCA 2013); see also Frehe v. State, 167 So.3d 514, 514 (Fla. 2d DCA 2015) (“A trial court does hot have jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed, even though the trial court may have previously ordered restitution and reserved jurisdiction only as to the amount.” (quoting Pearson v. State, 686 So.2d 721, 721 (Fla. 2d DCA 1997))). Although “a trial court has jurisdiction to render written orders after a notice of appeal is filed when those orders simply memorialize oral rulings made by the court prior to the notice of appeal being filed,” Rattee, 128 So.3d at 876 (quoting Henry v. State, 42 So.3d 317, 318 (Fla. 2d DCA 2010)), that is not what occurred in this case.
While the restitution order may have been based on the evidence presented at the August 13, 2014, hearing, the trial court did not make any oral findings on the record and expressly continued the issue of restitution to August 27, 2014, so that V.U.B. could be present. Accordingly, this restitution order did not fit the exception discussed in Rattee. Because the trial court lost jurisdiction when V.U.B. filed a notice of appeal on August 24, 2014, we reverse the restitution order. On remand the trial court may conduct another hearing and again impose restitution.
Reversed and remanded.
KHOUZAM and LUCAS, JJ., Concur.
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Citator
Cited By
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Chiquita Lashae McGee v. State (Fla. 4th DCA 2023)…rs entered after McGee filed her notice of appeal imposed specified amounts of restitution. If the trial court’s post- appeal order merely memorialized its oral ruling, the court would have had jurisdiction to enter the order. See V.U.B. v. State, 189 So. 3d 303, 304 (Fla. 2d DCA 2016). But, as we explain below, that is not what occurred. McGee argues that the trial court is not permitted to reenter the restitution order on remand, but we disagree. After holding a restitution hearing, the trial court…
Authorities Cited
- Pearson v. State, 686 So. 2d 721 (Fla. 2d DCA 1997)
- Henry v. State, 42 So. 3d 317 (Fla. 2d DCA 2010)
- Rattee v. State, 128 So. 3d 876 (Fla. 2d DCA 2013)
- Frehe v. State, 167 So. 3d 514 (Fla. 2d DCA 2015)