Smallwood v. State

District Court of Appeal of Florida

Smallwood v. State

634 So. 2d 1109, 1994 Fla. App. LEXIS 3250, 1994 WL 114697

CourtDistrict Court of Appeal of Florida

DecidedApril 6, 1994

DocketNo. 91-03100

StatusPublished

This text of 634 So. 2d 1109 (Smallwood 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

Smallwood v. State, 634 So. 2d 1109, 1994 Fla. App. LEXIS 3250, 1994 WL 114697 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

We affirm the convictions in this case. We affirm the sentences except for the following matters. We strike special condition of probation number 6 because it was not announced at sentencing. We instruct that the order of probation be corrected to reflect that the defendant was found guilty by the verdict of a jury. We reverse the order setting the amount of restitution because it was entered after the notice of appeal was filed. Skaggs v. State, 620 So.2d 1304 (Fla. 2d DCA 1993). On remand, the trial court may reimpose the amount of restitution because it had reserved jurisdiction to do so. Id. See also State v. Sanderson, 625 So.2d 471 (Fla.1993) (holding that if order of restitution has been entered in timely manner, the court can determine the amount of restitution beyond the sixty-day period).

Affirmed in part; reversed in part.

DANAHY, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.

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PER CURIAM.

We affirm the convictions in this case. We affirm the sentences except for the following matters. We strike special condition of probation number 6 because it was not announced at sentencing. We instruct that the order of probation be corrected to reflect that the defendant was found guilty by the verdict of a jury. We reverse the order setting the amount of restitution because it was entered after the notice of appeal was filed. Skaggs v. State, 620 So.2d 1304 (Fla. 2d DCA 1993). On remand, the trial court may reimpose the amount of restitution because it had reserved jurisdiction to do so. Id. See also State v. Sanderson, 625 So.2d 471 (Fla.1993) (holding that if order of restitution has been entered in timely manner, the court can determine the amount of restitution beyond the sixty-day period).

Affirmed in part; reversed in part.

DANAHY, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.

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634 So. 2d 1109, 1994 Fla. App. LEXIS 3250, 1994 WL 114697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smallwood-v-state-fladistctapp-1994.

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