Messina v. State

District Court of Appeal of Florida

Messina v. State

160 So. 3d 523, 2015 Fla. App. LEXIS 4366, 2015 WL 1360790

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 2015

DocketNo. 5D14-3660

StatusPublished

This text of 160 So. 3d 523 (Messina 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

Messina v. State, 160 So. 3d 523, 2015 Fla. App. LEXIS 4366, 2015 WL 1360790 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Dominic Messina appeals the order summarily denying his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. As the State concedes, the trial court was without jurisdiction to enter an order on the restitution amount while Messina’s direct appeal was pending. Accordingly, we reverse the order under review and remand this case to the trial court to conduct a restitution hearing.

REVERSED and REMANDED.

TORPY, C.J., SAWAYA and LAMBERT, JJ., concur.

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PER CURIAM.

Dominic Messina appeals the order summarily denying his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. As the State concedes, the trial court was without jurisdiction to enter an order on the restitution amount while Messina’s direct appeal was pending. Accordingly, we reverse the order under review and remand this case to the trial court to conduct a restitution hearing.

REVERSED and REMANDED.

TORPY, C.J., SAWAYA and LAMBERT, JJ., concur.

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Bluebook (online)

160 So. 3d 523, 2015 Fla. App. LEXIS 4366, 2015 WL 1360790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messina-v-state-fladistctapp-2015.