WITHAM v. STATE (2021)

We affirm the final judgment of conviction and sentence of appellant, based upon a plea agreement. We remand, however, to re-enter the written order revoking probation which was filed after the record on appeal was transferred to this court. As such, the trial court did not have jurisdiction to enter the order. See Fla. R. App. P. 9.600(a); cf., Escobar v. State, 189 So. 3d 1029, 1031 (Fla. 4th DCA 2016) (trial court has jurisdiction to reduce oral pronouncement to written order after notice of appeal is filed and until record on appeal is transmitted). Here, the court orally pronounced the revocation but did not enter a written order until after the record was transmitted by the clerk.¹ In addition, it appears that duplicate final judgments were entered. On remand, the court should also strike one of these judgments.

Affirmed and remanded for entry of order revoking probation.

FOOTNOTES

1.   The clerk appears to have been quick in transmitting the record. The appeal was filed on March 18, 2020, and the record was transmitted to this court on March 24, 2020. The Florida Rules of Appellate Procedure provide that the record shall be prepared and served within fifty days of the filing of the notice of appeal. Fla. R. App. P. 9.140(f)(1). The rules do not preclude the early filing of the record, but this cuts off the trial court's concurrent jurisdiction to enter ministerial orders. See Fla. R. App. P. 9.600(a).

Warner, J.

Conner and Forst, JJ., concur.