McElrath v. State

We affirm McElrath’s convictions. However, we vacate the restitution order entered by the trial court because the trial court lacked jurisdiction to order restitution while McElrath’s underlying conviction was pending on appeal. Torres v. State, 812 So.2d 610 (Fla. 1st DCA 2002).1

*1211CONVICTIONS AFFIRMED; RESTITUTION ORDER VACATED; CASE REMANDED.

SHARP, W., PLEUS and ORFINGER, R.B., JJ., concur.. Although we vacate the restitution order because the trial court lacked jurisdiction, the trial court's determination regarding restitution was substantively correct. Section 775.089(l)(a), Florida…