THOMAS v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Lucie Mae THOMAS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-804

Decided: January 10, 2020

Lucie Mae Thomas, Quincy, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

Appellant appeals the order summarily denying her Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. In denying Appellant’s motion, the postconviction court relied on Graham v. State, 160 So. 3d 108, 109 (Fla. 4th DCA 2015). Unlike in Graham, the trial court in this case lacked jurisdiction to enter a restitution order while Appellant’s direct appeal was pending. See Messina v. State, 160 So. 3d 523, 523 (Fla. 5th DCA 2015); Butler v. State, 951 So. 2d 38, 39-40 (Fla. 2d DCA 2007). Accordingly, we reverse the order under review and remand this case to the trial court to conduct a new restitution hearing.

REVERSED and REMANDED.

PER CURIAM.

EISNAUGLE, SASSO and TRAVER, JJ., concur.

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