Brayley v. State

District Court of Appeal of Florida

Brayley v. State

93 So. 3d 1233, 2012 WL 3237906, 2012 Fla. App. LEXIS 13339

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 2012

DocketNo. 2D11-3063

StatusPublished

Cited by2 cases

This text of 93 So. 3d 1233 (Brayley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brayley v. State, 93 So. 3d 1233, 2012 WL 3237906, 2012 Fla. App. LEXIS 13339 (Fla. Ct. App. 2012).

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Opinion

WHATLEY, Judge.

We affirm Kenneth Brayley’s judgments and sentences for felony driving under the influence of alcohol (third offense), refusal to submit to testing, driving while license suspended or revoked, and operating a motorcycle without endorsement. But, as conceded by the State, wé must reverse the order imposing restitution because it was entered after Brayley filed his notice of appeal, which divested the trial court of jurisdiction. See Renfroe v. State, 20 So.3d 1027 (Fla. 2d DCA 2009). On remand, the trial court may conduct another hearing and again enter an order imposing restitution.

Affirmed in part, reversed in part, and remanded.

KELLY and VILLANTI, JJ., Concur.

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WHATLEY, Judge.

We affirm Kenneth Brayley’s judgments and sentences for felony driving under the influence of alcohol (third offense), refusal to submit to testing, driving while license suspended or revoked, and operating a motorcycle without endorsement. But, as conceded by the State, wé must reverse the order imposing restitution because it was entered after Brayley filed his notice of appeal, which divested the trial court of jurisdiction. See Renfroe v. State, 20 So.3d 1027 (Fla. 2d DCA 2009). On remand, the trial court may conduct another hearing and again enter an order imposing restitution.

Affirmed in part, reversed in part, and remanded.

KELLY and VILLANTI, JJ., Concur.

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Bluebook (online)

93 So. 3d 1233, 2012 WL 3237906, 2012 Fla. App. LEXIS 13339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brayley-v-state-fladistctapp-2012.

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