CHRISTOPHER STEVEN LUTGENS
v.
STATE OF FLORIDA
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A trial court loses jurisdiction to enter a restitution order after a defendant files a notice of appeal.
[1] A trial court is divested of jurisdiction to enter a restitution order after a defendant has filed a notice of appeal.
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Join FLexlaw to unlock all legal intelligenceChristopher Lutgens was convicted of attempted manslaughter and aggravated assault. The trial court entered a restitution order after Lutgens filed hi…
The full statement of facts, procedural history, and disposition for this case are member content.
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November 8, 2024 HARRIS, J.
We affirm Christopher Lutgens’ convictions for attempted manslaughter and aggravated assault. However, we quash the court’s restitution order because it was entered after Lutgens filed
his notice of appeal, divesting the trial court of jurisdiction to enter such order. See Virgil v. State, 894 So. 2d 1053 (Fla. 5th DCA 2005). This ruling is without prejudice for the trial court to conduct a proper restitution hearing. See Queen v. State, 832 So. 2d 956 (Fla. 5th DCA 2002).
CONVICTIONS AFFIRMED; RESTITUTION ORDER QUASHED; REMANDED. SOUD and PRATT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Queen v. State, 832 So. 2d 956 (Fla. 5th DCA 2002)
- Virgil v. State, 894 So. 2d 1053 (Fla. 5th DCA 2005)