VICTORIA DENISE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTORIA DENISE WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
952 So. 2d 616
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
BROWNING, C.J.
We affirm Appellant’s conviction and sentence for felony cruelty to animals, as the State produced evidence sufficient to overcome Appellant’s motion for judgment of acquittal. We reverse the order of restitution because the trial court lacked jurisdiction to enter such order, as Appellant had already filed her notice of appeal. See, e.g., Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999). We note that, upon return of jurisdiction to the trial court, the trial court may conduct another restitution hearing. See id.
AFFIRMED in part, REVERSED in part, and REMANDED.
WEBSTER and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 15 So. 3d 933 (Fla. 1st DCA 2009)…ever, correctly asserts that the trial court lacked jurisdiction to enter a restitution order after appellant filed a notice of appeal as to the judgment and sentence. See Horan v. State, 990 So. 2d 1264, 1265 (Fla. 1st DCA 2008); Williams v. State, 952 So. 2d 616 (Fla. 1st DCA 2007); Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999) (noting the State conceded that filing the notice of appeal divested the trial court of jurisdiction to set the amount of restitution); Nguyen v. State, 655 So. 2d 1249 (Fla.…
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Horan v. State, 990 So. 2d 1264 (Fla. 1st DCA 2008)…cause 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 REMAND…
Authorities Cited
- Brantley v. State, 723 So. 2d 909 (Fla. 1st DCA 1999)
- Paulk v. State, 723 So. 2d 909 (Fla. 1st DCA 1999)