Thomas v. State

Full title: LUCIE MAE THOMAS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jan 10, 2020

287 So. 3d 705 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-804

01-10-2020

Lucie Mae THOMAS, Appellant, v. STATE of Florida, Appellee.

Lucie Mae Thomas, Quincy, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Lucie Mae Thomas, Quincy, pro se.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant appeals the order summarily denying her Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. In denying Appellant’s motion, the postconviction court relied on Graham v. State , 160 So. 3d 108, 109 (Fla. 4th DCA 2015). Unlike in Graham , the trial court in this case lacked jurisdiction to enter a restitution order while Appellant’s direct appeal was pending. See Messina v. State , 160 So. 3d 523, 523 (Fla. 5th DCA 2015) ; Butler v. State , 951 So. 2d 38, 39-40 (Fla. 2d DCA 2007). Accordingly, we reverse the order under review and remand this case to the trial court to conduct a new restitution hearing.

REVERSED and REMANDED.

EISNAUGLE, SASSO and TRAVER, JJ., concur.