821 So. 2d 1210 | Fla. Dist. Ct. App. | 2002
We affirm McElrath’s convictions. However, we vacate the restitution order entered by the trial court because the trial court lacked jurisdiction to order restitution while McElrath’s underlying conviction was pending on appeal. Torres v. State, 812 So.2d 610 (Fla. 1st DCA 2002).
. Although we vacate the restitution order because the trial court lacked jurisdiction, the trial court's determination regarding restitution was substantively correct. Section 775.089(l)(a), Florida Statutes (2001), authorizes the court to order restitution to a crime victim for damages or loss caused directly or indirectly by a defendant’s offense or related to the defendant's criminal episode. The trial court refused to award restitution on one