DEREK LAMAR MURRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Derek Murray appeals his convictions for aggravated battery with great bodily harm and simple battery, as well as an order requiring him to reimburse the Osceola County Sheriff's Office for investigation costs. The court affirmed the convictions but reversed the reimbursement order because the trial court lacked jurisdiction to enter it while the appeal was pending.
A trial court lacks jurisdiction to enter an order determining the amount of investigative costs while a direct appeal is pending, even if the court properly reserved jurisdiction at sentencing to impose those costs. Once the defendant files a timely notice of appeal, the trial court loses jurisdiction to enter such an order.
[1] A trial court lacks jurisdiction to enter an order for reimbursement of investigative costs while a direct appeal is pending.
[2] A trial court may reserve jurisdiction at a sentencing hearing to determine the specific amount of investigative costs at a later hearing.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While the trial court properly reserved jurisdiction at the sentencing hearing to impose these investigative costs, the court was thereafter without jurisdiction to enter an order determining the amount while this direct appeal was pending.”
Establishes the core holding that trial courts lack jurisdiction to enter cost orders after an appeal is filed, even with prior reservation of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceMurray was convicted of aggravated battery with great bodily harm and simple battery. At sentencing, the trial court announced it would assess investi…
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Derek Murray appeals his convictions for aggravated battery with great bodily harm and simple battery. We affirm the convictions without further discussion but reverse the order for reimbursement of investigation costs to the Osceola County Sheriff's Office because the trial court lacked jurisdiction to enter the order while this appeal was pending.
Section 938.27(1), Florida Statutes (2016), provides in pertinent part that in all criminal cases, the court shall include in every judgment rendered against the convicted person the investigative costs incurred by law enforcement agencies, if requested by such agencies. Here, Murray disputed the amount of the investigative costs that were being requested by the Osceola County Sheriff's Office. As a result, the trial court announced at the sentencing hearing that it assessed investigative costs against Murray, but was reserving jurisdiction to determine at a later hearing the specific amount of these costs. Shortly thereafter, Murray filed the instant appeal. Subsequently, the trial court held the aforementioned hearing and entered the now-challenged order imposing investigative costs against Murray.
While the trial court properly reserved jurisdiction at the sentencing hearing to impose these investigative costs, the court was thereafter without jurisdiction to enter an order determining the amount while *488this direct appeal was pending. See Gatlin v. State , 618 So.2d 765, 766 (Fla. 2d DCA 1993) (holding that although the trial court reserved jurisdiction at sentencing to consider imposing costs for police investigation, when the court actually ordered those costs it was without jurisdiction to do so because the defendant had already timely filed his notice of appeal). The State properly concedes error. Accordingly, the September 15, 2017 order for reimbursement of investigation costs entered by the trial court during this appeal is a nullity.
CONVICTIONS AND SENTENCES AFFIRMED. ORDER FOR REIMBURSEMENT OF INVESTIGATION COSTS REVERSED, without prejudice.1
COHEN, C.J., BERGER and LAMBERT, JJ., concur.