Messina v. State

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.