Legal Opinion

Hime v. State

District Court of Appeal of Florida

Decided May 5, 2017No. CASE NO. 1D15-3866Published

1Per curiam

We affirm Appellant’s conviction and sentence. However, because Appellant filed her notice of appeal before the trial court entered its restitution order, that order was entered without jurisdiction, and we must reverse. See Williams v. State, 15 So.3d 933 (Fla. 1st DCA 2009) (holding that a trial court is divested of jurisdiction to enter a restitution order once a noticé of appeal has been filed). On remand, the trial court may conduct a new restitution hearing and enter a new order should it choose to do so.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED. .

ROBERTS, C.J., ROWE, and…

2Cases cited1 opinion

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

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