IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CLETUS RAY THOMPSON, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-1519
STATE OF FLORIDA,
Appellee.
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Opinion filed October 16, 2017.
An appeal from the Circuit Court for Clay County.
Don H. Lester, Judge.
Diana L. Johnson and Matthew I. Lufrano of Johnson and Lufrano, P.A.,
Jacksonville, for Appellant.
Pamela Jo Bondi, Attorney General, and Samuel Steinberg, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Cletus R. Thompson was found guilty of armed burglary, aggravated battery
with a deadly weapon, and aggravated assault. The trial court sentenced Thompson
and reserved jurisdiction to address restitution, but judgment was entered and
Thompson filed a notice of appeal after his motion to withdraw plea was denied.
Soon after the notice of appeal was filed, the trial court held a restitution
hearing and ordered Thompson to pay restitution. The State properly concedes that
it was reversible error to do so because the trial court lacked jurisdiction. See
Smith v. State, 39 So. 3d 471, 472 (Fla. 1st DCA 2010) (“[T]he trial court did not
have jurisdiction to enter the restitution order because it was rendered months after
Smith filed his notice of appeal.”) Accordingly, we affirm the judgment and
sentence, but strike the restitution order and remand to the trial court for further
proceedings.
AFFIRMED in part, REVERSED in part, and REMANDED with
instructions.
WETHERELL, MAKAR, and KELSEY, JJ., CONCUR.
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