Arango v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JAMES ARANGO, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Case No. 2D09-2005 Opinion filed October 26, 2011. Appeal from the Circuit Court for Polk County; John K. Stargel, Judge. James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow (withdrew after briefing); John E. Hendry, Regional Counsel, and Kimberly Nolen Hopkins, Special Assistant Regional Counsel, Tampa, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba C. MartinSchomaker, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. We affirm James Arango's conviction and sentence for organized fraud. But, as conceded by the State, we must reverse the restitution awards that were entered after Arango filed his notice of appeal, which divested the trial court of jurisdiction. See, e.g., Renfroe v. State, 20 So. 3d 1027 (Fla. 2d DCA 2009). On remand, the court may revisit the issue of restitution. Affirmed in part, reversed in part, and remanded. LaROSE and CRENSHAW, JJ., Concur. -2-

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