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Brayley v. State

District Court of Appeal of Florida, Second District.
Aug 10, 2012
93 So. 3d 1233 (Fla. Dist. Ct. App. 2012)

Opinion

No. 2D11–3063.

2012-08-10

Kenneth BRAYLEY, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Pasco County; Michael F. Andrews, Judge. James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


Appeal from the Circuit Court for Pasco County; Michael F. Andrews, Judge.


James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
WHATLEY, Judge.

We affirm Kenneth Brayley's judgments and sentences for felony driving under the influence of alcohol (third offense), refusal to submit to testing, driving while license suspended or revoked, and operating a motorcycle without endorsement. But, as conceded by the State, we must reverse the order imposing restitution because it was entered after Brayley filed his notice of appeal, which divested the trial court of jurisdiction. See Renfroe v. State, 20 So.3d 1027 (Fla. 2d DCA 2009). On remand, the trial court may conduct another hearing and again enter an order imposing restitution.

Affirmed in part, reversed in part, and remanded.

KELLY and VILLANTI, JJ., Concur.


Summaries of

Brayley v. State

District Court of Appeal of Florida, Second District.
Aug 10, 2012
93 So. 3d 1233 (Fla. Dist. Ct. App. 2012)
Case details for

Brayley v. State

Case Details

Full title:Kenneth BRAYLEY, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Aug 10, 2012

Citations

93 So. 3d 1233 (Fla. Dist. Ct. App. 2012)

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