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Dominic MESSINA, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2015-03-27No. No. 5D14-3660
160 So. 3d 523

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Opinion

majority opinion

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.