JAQUELYN FRANCES HART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jacquelyn Hart appeals the trial court's imposition of restitution, supplemental fine, court costs, and public defender's lien. The appellate court holds that the trial court lacked jurisdiction to impose restitution after a notice of appeal was filed, and strikes the court costs and public defender's lien for lack of proper notice.
The trial court lacked jurisdiction to conduct a restitution hearing and impose restitution after the notice of appeal was filed because restitution is part of the sentence being appealed. The court costs and public defender's lien are struck without prejudice because Hart was not given prior notice and did not waive notice in her affidavit of indigency.
[1] A trial court loses jurisdiction over a case once a notice of appeal has been filed, precluding it from taking further action on matters that interfere with the appellate…
[2] A trial court must hold a new hearing to impose restitution if the initial restitution hearing was conducted after the filing of a notice of appeal.
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Join FLexlaw to unlock all legal intelligence“The filing of a notice of appeal in a case divests a trial court of jurisdiction of that case as far as are concerned matters which interfere with the power and authority of the appellate court or the rights of a party to the appeal which are under consideration by the appellate court.”
Establishes the fundamental principle that a trial court loses jurisdiction over sentencing matters once an appeal is filed.
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Join FLexlaw to unlock all legal intelligenceHart was sentenced and appealed. After the notice of appeal was filed, the trial court held a hearing and orally imposed restitution and a supplementa…
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HALL, Judge.
Jacquelyn Frances Hart appeals the imposition of restitution, a supplemental fine, court costs, and a lien for the fees of the public defender. The issues of restitution and supplemental fine are not properly before this court. We strike the court costs and the public defender’s lien.
The appellant argues that the trial court erred in failing to consider, as is required by section 775.089(6), Florida Statutes (1985), her financial resources when imposing restitution. Because an order of restitution has not been rendered in this cause, this argument is not properly before this court. Billie v. State, 473 So. 2d 34 (Fla. 2d DCA 1985).
The appellant also argues that the trial court did not have jurisdiction to im pose restitution and a supplemental fine pursuant to section 812.032, Florida Statutes (1985). As we have noted, restitution was not imposed in the sense that an order was rendered thereon. However, restitution was orally imposed at a hearing that was held after the notice of appeal of this cause was filed. The filing of a notice of appeal in a case divests a trial court of jurisdiction of that case as far as are concerned matters which interfere with the power and authority of the appellate court or the rights of a party to the appeal which are under consideration by the appellate court. Palma Sola Harbor Condominium, Inc. v. Huber, 374 So. 2d 1135 (Fla. 2d DCA 1979).
The appellant in this case is appealing her sentence. Restitution is a part of a sentence. Consequently, the trial court did not have jurisdiction to conduct a restitution hearing after the notice of appeal had been filed. Accordingly, the trial court must hold another hearing before it renders an order of restitution in this case.
The appellant also argues that she was not given prior notice of the trial court’s intention to impose court costs and a public defender’s lien. The record contains an “Order and Final Judgment” imposing attorney’s fees of $4,400 and court costs of $834.90 pursuant to section 27.56, Florida Statutes (1985). The record does not contain evidence that the appellant was notified prior to the sentencing hearing of the trial court’s intention to impose these assessments, and the appellant did not waive notice of them in her affidavit of indigency. Consequently, we strike the court costs and the public defender’s lien without prejudice to the state to seek to reassess them upon compliance with the notice and hearing requirements of Jenkins v. State, 444 So. 2d 947 (Fla.1984).
Reversed and remanded with directions consistent with this opinion.
SCHEB, A.C.J., and SCHOONOVER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Clough v. State, 136 So. 3d 680 (Fla. 2d DCA 2014)…issue is not ripe for review. See Anderson v. State, 18 So. 3d 501, 522 (Fla.2009) (holding that a signed death warrant is necessary before a court can consider a claim that a prisoner cannot be executed due to incompetency); see also Hart v. State, 516 So. 2d 58, 58 (Fla. 2d DCA 1987) (holding restitution claim premature because trial court had not entered a restitution order). We cannot examine an alleged harm that has not yet occurred and may never occur. Accordingly, we affirm the postconviction court’s…
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Walker v. State, 647 So. 2d 262 (Fla. 1st DCA 1994)…s order that he pay restitution. That order was made from the bench. However, it does not appear that it was ever reduced to writing and, thus, “rendered.” Fla.R.App.P. 9.020(g). See Owens v. State, 579 So. 2d 311 (Fla. 1st DCA 1991); Hart v. State, 516 So. 2d 58 (Fla. 2d DCA 1987). AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. WOLF, WEBSTER and MICKLE, JJ., concur.…
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Coffie v. State, 562 So. 2d 423 (Fla. 2d DCA 1990)…n of resisting a merchant and remand for proceedings consistent herewith. Last, the appellant also correctly contends that the court erred by imposing court costs and attorney’s fees without proper notice and opportunity to be heard. Hart v. State, 516 So. 2d 58 (Fla. 2d DCA 1987); Jenkins v. State, 444 So. 2d 947 (Fla.1984). We, accordingly, strike the imposition of these items without prejudice to the state seeking their imposition again upon remand. Affirmed in part, reversed in part, and remanded. LEH…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Palma Sola Harbour Condo., Inc. v. Huber, 374 So. 2d 1135 (Fla. 2d DCA 1979)
- Billie v. State, 473 So. 2d 34 (Fla. 2d DCA 1985)