State v. Sharp

The state appeals a downward departure sentence which the trial court entered on October 5, 1989, while this court had jurisdiction over the state’s appeal of a non-final order granting the Defendant’s Motion to Suppress. The mandate reversing the order and returning jurisdiction to the trial court did not issue until November 3, 1989.

We hold that the trial court did not have jurisdiction on October 5, 1989, to accept the Defendant’s change of plea to guilty and render a final order of sentence disposing of the case. Fla.R.App.P. 9.130; M.A. Feldman & Co. v. Cohen, 537 So.2d 720 (Fla. 4th DCA…