IN THE TENTH JUDICIAL CIRCUIT COURT FOR HARDEE, HIGHLANDS, AND
POLK COUNTY, FLORIDA

Case No. MM01-03757A-XX

JUSTIN NICHOLAS HANNAM,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

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ORDER GRANTING WRIT OF CERTIORIARI

This matter came before the court on a petition for writ of certiorari filed by Petitioner, Justin Hannam, on May 20, 2002. Petitioner seeks review of a restitution order, issued by the trial court, which was entered after a notice of appeal was filed. This court has jurisdiction. Fla. R. App. P. 9.030(c)(2). The petition is GRANTED.

On November 14, 2001, Petitioner was adjudicated guilty and was sentenced to twelve months probation and as a condition of probation 180 days were to be spent in Polk County Jail. The trial court retained jurisdiction in which to determine other specified conditions including payment of restitution. On November 29, 2001, a notice of appeal was filed. On February 12, 2002, a restitution hearing was held and on February 28, 2002 a restitution order was entered where the trial court retained jurisdiction on the misdemeanor for five years and ordered Petitioner to pay $3,184.75 to the victim.

Petitioner argues that once an appeal is filed with the circuit court, the trial court loses jurisdiction on the matter. Therefore, restitutions hearing held and orders entered after a notice of appeal has been filed are without effect. Nguyen v. State, 655 So.2d 1249 (Fla. 1995). The Court agrees.

Accordingly, it is ORDERED that the petition for writ of certiorari is GRANTED and the restitution order of the lower court is QUASHED.

ORDERED July 2002.

CHARLES B. CURRY, Chief Judge