Horan v. State, 990 So. 2d 1264 (Fla. 1st DCA 2008). · Go Syfert
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Horan v. State, 990 So. 2d 1264 (Fla. 1st DCA 2008). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Williams v. State (fladistctapp, 2009-08-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Williams v. State
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
See Horan v. State, 990 So.2d 1264, 1265 (Fla. 1st DCA 2008); Williams v. State, 952 So.2d 616 (Fla. 1st DCA 2007); Brantley v. State, 723 So.2d 909 (Fla. 1st DCA 1999) (noting the State conceded that filing the notice of appeal divested the trial court of jurisdiction to set the amount of restitution); Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995).
discussed Cited "see, e.g." Rogers v. State
Fla. Dist. Ct. App. · 2010 · signal: see also · confidence low
See id. at 721-22 ; see also Horan v. State, 990 So.2d 1264 (Fla. 1st DCA 2008) (stating the filing of the notice of appeal divested the trial court of jurisdiction to enter an order determining restitution, reversing the restitution order, and remanding with an acknowledgment the trial court could hold another restitution hearing).
Retrieving the full opinion text from the archive…
Brendan B. HORAN, Appellant,
v.
STATE of Florida, Appellee.
1D05-0258.
District Court of Appeal of Florida, First District.
Sep 29, 2008.
990 So. 2d 1264
2008 WL 4377139
Per Curiam.
Cited by 3 opinions  |  Published

Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant.

[*1265] Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, we affirm appellant's conviction and sentence. While actions on the part of an assistant state attorney who was a spectator not involved in the trial may well have been unprofessional, they did not constitute reversible error, as prosecutorial misconduct or otherwise. However, because appellant had filed his notice of appeal before the trial court entered its order determining the amount of restitution, the trial court was without jurisdiction to enter that order, and we are constrained to reverse it. See Williams v. State, 952 So.2d 616 (Fla. 1st DCA 2007) (citing Brantley v. State, 723 So.2d 909 (Fla. 1st DCA 1999)). On return of jurisdiction to the trial court, that court is free to conduct another restitution hearing. Id. at 617.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, LEWIS, and HAWKES, JJ., concur.