Opinion
Case No. 5D03-1969.
Opinion filed March 12, 2004.
Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.
Robert Wesley, Public Defender, and Gisela Then Caceres, Assistant, Public Defender, Orlando, and Michael S. Becker, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant, Attorney General, Daytona Beach, for Appellee.
Appellant challenges the Order and Amended Order entered on July 2, 2003, which vacated an earlier order. The State concedes error in that the trial court did not have jurisdiction due to an intervening Notice of Appeal. See Haines v. State, 805 So.2d 972 (Fla. 2d DCA 2001). Appellant's remaining point on appeal is moot.
The Order and Amended Order dated July 2, 2003, are vacated.
THOMPSON, MONACO and TORPY, JJ., concur.