Summary
stating the filing of the notice of appeal divested the trial court of jurisdiction to enter an order determining restitution, reversing the restitution order, and remanding with an acknowledgment the trial court could hold another restitution hearing
Summary of this case from Rogers v. StateOpinion
No. 1D05-0258.
September 29, 2008.
An appeal from the circuit court for Duval County. Karen K. Cole, Judge.
Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.
In this direct criminal appeal, we affirm appellant's conviction and sentence. While actions on the part of an assistant state attorney who was a spectator not involved in the trial may well have been unprofessional, they did not constitute reversible error, as prosecutorial misconduct or otherwise. However, because appellant had filed his notice of appeal before the trial court entered its order determining the amount of restitution, the trial court was without jurisdiction to enter that order, and we are constrained to reverse it. See Williams v. State, 952 So.2d 616 (Fla. 1st DCA 2007) (citing Brantley v. State, 723 So.2d 909 (Fla. 1st DCA 1999)). On return of jurisdiction to the trial court, that court is free to conduct another restitution hearing. Id. at 617.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
WEBSTER, LEWIS, and HAWKES, JJ., concur.