Frazier v. State

District Court of Appeal of Florida

Frazier v. State

748 So. 2d 1104, 2000 Fla. App. LEXIS 690, 2000 WL 62971

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 2000

DocketNo. 1D98-4476

StatusPublished

Cited by1 cases

This text of 748 So. 2d 1104 (Frazier 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

Frazier v. State, 748 So. 2d 1104, 2000 Fla. App. LEXIS 690, 2000 WL 62971 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Appellant was convicted of armed robbery with a firearm. After supplemental briefing in this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we hold that the trial court lacked jurisdiction to enter a restitution order after Appellant filed a notice of appeal. See, e.g., Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995) (citing Skaggs v. State, 620 So.2d 1304 (Fla. 2d DCA 1993)). Accordingly, we reverse the restitution order and remand to the trial court for a hearing and, if warranted, to again impose restitution.

REVERSED and REMANDED.

BOOTH, KAHN and BROWNING, JJ., CONCUR.

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PER CURIAM.

Appellant was convicted of armed robbery with a firearm. After supplemental briefing in this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we hold that the trial court lacked jurisdiction to enter a restitution order after Appellant filed a notice of appeal. See, e.g., Nguyen v. State, 655 So.2d 1249 (Fla. 1st DCA 1995) (citing Skaggs v. State, 620 So.2d 1304 (Fla. 2d DCA 1993)). Accordingly, we reverse the restitution order and remand to the trial court for a hearing and, if warranted, to again impose restitution.

REVERSED and REMANDED.

BOOTH, KAHN and BROWNING, JJ., CONCUR.

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Bluebook (online)

748 So. 2d 1104, 2000 Fla. App. LEXIS 690, 2000 WL 62971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-state-fladistctapp-2000.

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