Moriarity v. State

Notwithstanding the long apparently unbroken line of cases supporting our decision, which I am bound to follow, I do not see why the lower court is divested of jurisdiction to enter a restitution order while an appeal of the judgment is pending. Section 960.292, Florida Statutes (1999), seems to contemplate continuing jurisdiction and there appears to be no good reason why the power to enter such orders is tolled while the case is in the appellate court. Such an order has no effect on our appellate jurisdiction. By making the court delay conducting the restitution hearing until after the…