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Date: 01-12-2020

Case Style:

LUCIE MAE THOMAS vs STATE OF FLORIDA

Case Number: 5D19-804

Judge: PER CURIAM

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Plaintiff's Attorney: Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General

Defendant's Attorney:

Description:


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Appellant appeals the order summarily denying her Florida Rule of Criminal
Procedure 3.800(a) Motion to Correct Illegal Sentence. In denying Appellant’s motion,
the postconviction court relied on Graham v. State, 160 So. 3d 108, 109 (Fla. 4th DCA
2015). Unlike in Graham, the trial court in this case lacked jurisdiction to enter a restitution
order while Appellant’s direct appeal was pending.

Outcome: Accordingly, we reverse the order under review and remand this case to the trial court to conduct a new restitution hearing.

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