Legal Opinion

Farley v. State

District Court of Appeal of Florida

Decided March 4, 2011No. 5D10-415PublishedCited by 1 opinion

1Per curiam

Joseph Farley appeals the denial of a dispositive motion to suppress. Finding no error, we affirm. See Ortiz v. State, 24 So.3d 596 (Fla. 5th DCA 2009); P.B.P. v. State, 955 So.2d 618 (Fla. 2d DCA 2007).

We treat Farley’s motion to vacate the trial court’s order for restitution as a supplemental brief following the amendment of his notice of appeal. Although the trial court reserved jurisdiction to determine restitution, because it conducted the hearing and entered the order after a notice of appeal had been filed, that order is without effect. See Nguyen v. State, 655 So.2d 1249, 1249-50…

2Cases cited2 opinions

  1. Nguyen v. StateDistrict Court of Appeal of Florida · 1995
  2. P.B.P. v. StateDistrict Court of Appeal of Florida · 2007

3Cited by1 opinion

  1. Kleintank v. StateDistrict Court of Appeal of Florida · 2015

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