Heming v. State

Full title: Kristina Kay Heming, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jan 18, 2023

No. 1D21-1648 (Fla. Dist. Ct. App. Jan. 18, 2023)

Opinion

1D21-1648

01-18-2023

Kristina Kay Heming, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Bay County. Dustin Stephenson, Judge.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

We affirm Appellant's judgment and sentence on all issues except one. Appellant asserts that the trial court erred in imposing restitution after she had filed her notice of appeal. However, we lack jurisdiction to consider that argument given her failure to file a notice of appeal seeking review of the restitution order. See Okashah v. State, 240 So.3d 904, 905 (Fla. 1st DCA 2018). Accordingly, we must dismiss that portion of the appeal.

Affirmed in part and Dismissed in part.

Rowe, C. J, and BL Thomas and Long, JJ, concur