Dominic Messina v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DOMINIC MESSINA, Appellant, v. Case No. 5D14-3660 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 27, 2015 3.800 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge. Dominic Messina, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Dominic Messina appeals the order summarily denying his Florida Rule of Criminal Procedure 3.800(a) Motion to Correct Illegal Sentence. As the State concedes, the trial court was without jurisdiction to enter an order on the restitution amount while Messina’s direct appeal was pending. Accordingly, we reverse the order under review and remand this case to the trial court to conduct a restitution hearing. REVERSED and REMANDED. TORPY, C.J., SAWAYA and LAMBERT, JJ., concur.

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