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952 So. 2d 616

Docket No. 1D06-0149.

Williams v. State

Victoria Denise WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-03-30

Cited by 2 later decisions — most recently August 2009

2 state decisions

Relies on Brantley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-30

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¶1Nancy A. Daniels, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.

¶2Bill McCollum, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.

¶3BROWNING, C.J.

¶4We affirm Appellant's conviction and sentence for felony cruelty to animals, as the State produced evidence sufficient to overcome Appellant's motion for judgment of acquittal. We reverse the order of restitution because the trial court lacked jurisdiction to enter such order, as Appellant had already filed her notice of appeal. See, e.g., Brantley v. State, 723 So.2d 909 *617 (Fla. 1st DCA 1999). We note that, upon return of jurisdiction to the trial court, the trial court may conduct another restitution hearing. See id.

¶5AFFIRMED in part, REVERSED in part, and REMANDED.

¶6WEBSTER and PADOVANO, JJ., concur.

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