LUTGENS v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

Christopher Steven LUTGENS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D2023-1924

Decided: November 08, 2024

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.

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.

Harris, J.

Soud and Pratt, JJ., concur.

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