Matheny v. State, No. 82-515
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | SCHOONOVER; HOBSON, A.C.J., and DANAHY |
| Citation | 429 So.2d 1341 |
| Parties | Harold Duane MATHENY, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 82-515 |
| Decision Date | 20 April 1983 |
Page 1341
v.
STATE of Florida, Appellee.
Second District.
Jerry Hill, Public Defender, Bartow, and Bryan E. Hopkins, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Diane Barrs, Asst. Atty. Gen., Tampa, for appellee.
SCHOONOVER, Judge.
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error, and we therefore affirm the judgment and sentence entered by the trial court on January 22, 1982.
However, subsequent to the entry of the above-mentioned judgment and sentence, and the filing of a notice of appeal by the appellant, the trial court modified said sentence. Since the filing of the notice of appeal vested exclusive jurisdiction in this court, the trial court did not have jurisdiction to modify the sentence. Kelly v. State, 359 So.2d 493 (Fla. 1st DCA 1978). We accordingly strike the order modifying the sentence appealed from without prejudice to the appellant filing a proper motion for modification of his sentence pursuant to the Florida Rules of Criminal Procedure.
AFFIRMED.
HOBSON, A.C.J., and DANAHY, J., concur.
To continue reading
Request your trial
-
Gardner v. Johnson, 63665
...Statutes (1979), is unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. The district court's decision is reported at 429 So.2d 1341 (Fla. 2d DCA Section 877.16 states in its entirety: 877.16, Exhibition of deformed animals prohibited; penalty--Whoever shall exhibit for pa......
-
Figone v. Downey, No. 89-01635
...when it placed him on community control and continues to lack jurisdiction over the insurance fraud case. See, e.g., Matheny v. State, 429 So.2d 1341 (Fla. 2d DCA 1983); Kelly v. State, 359 So.2d 493 (Fla. 1st DCA 1978). The state appears to concede that the trial court acted without jurisd......
-
Gardner v. Johnson, 63665
...Statutes (1979), is unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. The district court's decision is reported at 429 So.2d 1341 (Fla. 2d DCA Section 877.16 states in its entirety: 877.16, Exhibition of deformed animals prohibited; penalty--Whoever shall exhibit for pa......
-
Figone v. Downey, No. 89-01635
...when it placed him on community control and continues to lack jurisdiction over the insurance fraud case. See, e.g., Matheny v. State, 429 So.2d 1341 (Fla. 2d DCA 1983); Kelly v. State, 359 So.2d 493 (Fla. 1st DCA 1978). The state appears to concede that the trial court acted without jurisd......