Heming v. State

Full title: Kristina Kay HEMING, Appellant, v. STATE of Florida, Appellee.

Court: Florida District Court of Appeals

Date published: Jan 18, 2023

386 So. 3d 197 (Fla. Dist. Ct. App. 2023)

Opinion

No. 1D21-1648

01-18-2023

Kristina Kay HEMING, Appellant, v. STATE of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

On appeal from the Circuit Court for Bay County. Dustin Stephenson, Judge.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

We affirm Appellant’s judgment and sentence on all issues except one. Appellant asserts that the trial court erred in imposing restitution after she had filed her notice of appeal. However, we lack jurisdiction to consider that argument given her failure to file a notice of appeal seeking review of the restitution order. See Okashah v. State, 240 So. 3d 904, 905 (Fla. 1st DCA 2018). Accordingly, we must dismiss that portion of the appeal.

Affirmed in part and Dismissed in part.

Rowe, C.J., and B.L. Thomas and Long, JJ., concur.