RAHAIM v. State

21 So. 3d 922, 2009 Fla. App. LEXIS 18397, 2009 WL 4282635
CourtDistrict Court of Appeal of Florida
DecidedDecember 2, 2009
Docket2D08-4872
StatusPublished
Cited by1 cases

This text of 21 So. 3d 922 (RAHAIM 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
RAHAIM v. State, 21 So. 3d 922, 2009 Fla. App. LEXIS 18397, 2009 WL 4282635 (Fla. Ct. App. 2009).

Opinion

KELLY, Judge.

Christopher Rahaim appeals his judgment and sentence for sexual battery. We affirm his judgment and sentence without discussion but reverse the restitution order and remand for a new restitution hearing.

In imposing sentence on Rahaim, the trial court set a later hearing to determine restitution. Before the restitution hearing took place, Rahaim filed a notice of appeal. The trial court then conducted the hearing and entered the restitution order. Rahaim contends, and the State concedes, that the trial court lacked jurisdiction to enter the restitution order after the notice of appeal had been filed. See Williams v. State, 19 So.3d 433 (Fla. 2d DCA 2009). Accordingly, we reverse and remand to allow the trial court to reimpose restitution. See L’Heureux v. State, 968 So.2d 628 (Fla. 2d DCA 2007).

Affirmed in part, reversed in part, and remanded.

DAVIS and CRENSHAW, JJ., Concur.

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Related

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50 So. 3d 795 (District Court of Appeal of Florida, 2011)

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Bluebook (online)
21 So. 3d 922, 2009 Fla. App. LEXIS 18397, 2009 WL 4282635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rahaim-v-state-fladistctapp-2009.