Legal Opinion

Matheny v. State

District Court of Appeal of Florida

Decided April 20, 1983No. 82-515PublishedCited by 1 opinion

1Opinion of the Court

SCHOONOVER, Judge.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error, and we therefore affirm the judgment and sentence entered by the trial court on January 22, 1982.

However, subsequent to the entry of the above-mentioned judgment and sentence, and the filing of a notice of appeal by the appellant, the trial court modified said sentence. Since the filing of the notice of appeal vested exclusive jurisdiction in this court, the trial court did not have jurisdiction to modify the sentence. Kelly v. State, 359 So.2d 493 (Fla. 1st…

2Cases cited1 opinion

  1. Kelly v. StateDistrict Court of Appeal of Florida · 1978

3Cited by1 opinion

  1. Figone v. DowneyDistrict Court of Appeal of Florida · 1989

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