Legal Opinion

Brayley v. State

District Court of Appeal of Florida

Decided August 10, 2012No. 2D11-3063PublishedCited by 2 opinions

1Opinion of the Court

WHATLEY, Judge.

We affirm Kenneth Brayley’s judgments and sentences for felony driving under the influence of alcohol (third offense), refusal to submit to testing, driving while license suspended or revoked, and operating a motorcycle without endorsement. But, as conceded by the State, wé must reverse the order imposing restitution because it was entered after Brayley filed his notice of appeal, which divested the trial court of jurisdiction. See Renfroe v. State, 20 So.3d 1027 (Fla. 2d DCA 2009). On remand, the trial court may conduct another hearing and again enter an order imposing…

2Cases cited1 opinion

  1. Renfroe v. StateDistrict Court of Appeal of Florida · 2009

3Cited by2 opinions

  1. Dupree v. StateDistrict Court of Appeal of Florida · 2014
  2. Jacobs v. StateDistrict Court of Appeal of Florida · 2013

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