Torres v. State, 812 So. 2d 610

Nancy Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Karen Armstrong, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appealed restitution order is vacated and the case is remanded, as the trial court lacked jurisdiction with regard to restitution while the appellant‘s underlying conviction was pending on appeal. See Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995); Edwards v. State, 734 So.2d 1130 (Fla. 2d DCA 1999); Kern v. State, 726 So.2d 353 (Fla. 5th DCA 1999).

ALLEN, C.J., BENTON and PADOVANO, JJ., concur.

Case Details

Case Name: Torres v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 10, 2002

Citations: 812 So. 2d 610; 2002 WL 529926; 1D00-4942

Docket Number: 1D00-4942

Court Abbreviation: Fla. Dist. Ct. App.