Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided June 29, 2012No. 2D10-3615PublishedCited by 1 opinion

1Opinion of the Court

CRENSHAW, Judge.

Nathan Davis appeals his judgment and sentences for burglary of a conveyance with a battery while armed with a firearm and robbery with a firearm. We affirm Davis’s judgment and sentences without comment. However, we conclude that the trial court was divested of its jurisdiction to enter a nunc pro tunc order adjudicating Davis competent to proceed at trial because the trial court entered the order after Davis filed his notice of appeal.

“The law is well established that, once an appeal is filed, the trial court loses jurisdiction with regard to the matter which is the subject…

2Cases cited3 opinions

  1. Mason v. StateSupreme Court of Florida · 1986
  2. Dragomirecky v. Town of Ponce InletDistrict Court of Appeal of Florida · 2005
  3. Pace v. StateDistrict Court of Appeal of Florida · 2005

3Cited by1 opinion

  1. State v. BrannicDistrict Court of Appeal of Florida · 2015

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