NOEL LOPEZ ACEVEDO
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to enter an order correcting sentencing documents while a direct appeal is pending.
[1] A trial court lacks jurisdiction to enter an order modifying or correcting sentencing documents while a direct appeal of the conviction and sentence is pending.
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Join FLexlaw to unlock all legal intelligence“While we appreciate the trial court's diligence, it nevertheless lacked jurisdiction to enter its order correcting sentencing documents while Appellant's direct appeal was pending.”
The court's explanation for vacating the trial court's sua sponte order
Noel Lopez Acevedo appealed his convictions and sentences. The trial court, sua sponte, entered an order striking certain discretionary court costs an…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
NOEL LOPEZ ACEVEDO,
Appellant,
v. Case No. 5D19-996
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed September 27, 2019
Appeal from the Circuit Court for Hernando County, Donald E. Scaglione, Judge.
James S. Purdy, Public Defender, and Scott
G. Hubbard, Assistant Public Defender,
Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, we affirm Appellant’s convictions and sentences, with one exception. We had ordered Appellant’s counsel to file either a supplemental brief or a Florida Rule of Criminal Procedure 3.800(b)(2) motion to address the propriety of the
While we appreciate the trial court’s diligence, it nevertheless lacked jurisdiction to enter its order correcting sentencing documents while Appellant’s direct appeal was pending. See Whitfield v. State, 178 So. 3d 972, 972 (Fla. 5th DCA 2015).
Accordingly, we affirm Appellant’s convictions and sentences, with the exception that we vacate the trial court’s sua sponte order striking certain discretionary costs and the fine, as well as any amended judgment and sentence subsequently entered consistently with this order. The trial court is not precluded from reentering this order and a corrected amended judgment and sentence following the issuance of our mandate.
AFFIRMED; ORDER VACATED.
WALLIS, LAMBERT, and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Darrian Jovan Rhodes v. State, 178 So. 3d 972 (Fla. 5th DCA 2015)