Hollins v. State

Edward M. Hollins petitions for a belated appeal of a restitution order entered against him while his judgment and sentence was on direct appeal. In its response, the State properly concedes that the trial court was without jurisdiction to enter the restitution order because of the pending appeal. See Queen v. State, 832 So.2d 956, 958 (Fla. 5th DCA 2002) (citing Marro v. State, 803 So.2d 906 (Fla. 4th DCA 2002); Kern v. State, 726 So.2d 353 (Fla. 5th DCA 1999)).

Restitution is a mandated part of sentencing and must be imposed at the time of sentencing or within sixty days thereafter. State v.…