Lutgens v. State

Full title: Christopher Steven Lutgens, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Nov 8, 2024

No. 5D2023-1924 (Fla. Dist. Ct. App. Nov. 8, 2024)

Opinion

5D2023-1924

11-08-2024

Christopher Steven Lutgens, Appellant, v. State of Florida, Appellee.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Christopher Steven Lutgens, Mayo, pro se. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

HARRIS, J.

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 Clay County. Steven B. Whittington, Judge. LT Case No. 2021-CF-000281

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Christopher Steven Lutgens, Mayo, pro se.

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

HARRIS, J.

We affirm Christopher Lutgens' convictions for attempted manslaughter and aggravated assault. However, we quash the court's restitution order because it was entered after Lutgens filed his notice of appeal, divesting the trial court of jurisdiction to enter such order. See Virgil v. State, 894 So.2d 1053 (Fla. 5th DCA 2005). This ruling is without prejudice for the trial court to conduct a proper restitution hearing. See Queen v. State, 832 So.2d 956 (Fla. 5th DCA 2002).

CONVICTIONS AFFIRMED; RESTITUTION ORDER QUASHED; REMANDED.

SOUD and PRATT, JJ, concur