Matheny v. State, 82-515
| Decision Date | 20 April 1983 |
| Docket Number | No. 82-515,82-515 |
| Citation | 429 So.2d 1341 |
| Parties | Harold Duane MATHENY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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.
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.
To continue reading
Request your trial
-
Gardner v. Johnson
... ... Appellee owns and operates an animal show with which he travels about the state exhibiting the animals at various fairs and other events. In January of 1978 the animal show was ... ...
-
Gardner v. Johnson, 82-995
...429 So.2d 1341 ... James A. GARDNER, as State Attorney, Thomas Burton, as ... Sheriff of Manatee County, Florida and Jim Smith, ... as Attorney ... ...
-
Figone v. Downey, 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......