LOCUS v. STATE (2001)

District Court of Appeal of Florida,First District.

Curtis LOCUS, Appellant, v. STATE of Florida, Appellee.

No. 1D00-1631.

Decided: April 17, 2001

Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.

We affirm the appellant's conviction. However, the trial court did not have jurisdiction to hold a restitution hearing once the appellant filed a notice of appeal. See Brantley v. State, 723 So.2d 909 (Fla. 1st DCA 1999). As a result, we reverse and remand for the trial court to conduct another hearing and impose restitution again should it elect to do so.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

PER CURIAM.

BARFIELD, C.J., WOLF and POLSTON, JJ., concur.

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