Public-domain · open source
OpenJurist

125 So. 3d 1002

Jacobs v. State

District Court of Appeal of Florida · decided 2013-06-28

Cited by 1 later decisions — most recently July 2015

1 state decisions

Relies on Renfroe v. State · 93 So. 3d 1233 - Brayley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-06-28

View the full empirical analysis of this case →

DAVIS, Judge.

¶1Christopher Lee Jacobs challenges his judgments and sentences for two felony counts of driving under the influence involving serious bodily injury and one count of misdemeanor driving while license was suspended. The only issue he raises on appeal is whether the trial court erred by entering a restitution order after he filed his notice of appeal.

¶2The State concedes, and we agree, that the filing of the notice of appeal divested the trial court of jurisdiction; therefore, we must reverse the restitution order that was entered days after Jacobs filed his notice of appeal. See Brayley v. State, 93 So.3d 1233, 1234 (Fla. 2d DCA 2012); Renfroe v. State, 20 So.3d 1027, 1027 (Fla. 2d DCA 2009). We otherwise affirm the judgments and sentences but “remand for the trial court to have the opportunity to conduct another hearing and reimpose restitution.” See Renfroe, 20 So.3d at 1027.

¶3Affirmed in part, reversed in part, and remanded.

KHOUZAM and BLACK, JJ, Concur.
/125/so3d/1002 · .json · Public domain