Opinion
No. 5D14–3660.
2015-03-27
Dominic MESSINA, Appellant, v. STATE of Florida, Appellee.
Dominic Messina, Milton, pro se. Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellee.
3.800 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge.
Dominic Messina, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
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.