WARD v. STATE

No. 81-848.

405 So.2d 503 (1981)

Russell WARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 6, 1981.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Affirmed. However, we remand to the trial court to vacate the amended judgment and sentence as the trial court was without jurisdiction. The trial court amended the judgment and sentence after appellant had filed a notice of appeal, thereby vesting exclusive jurisdiction in this appellate court. Gonzalez v. State, 384 So.2d 57 (Fla. 4th DCA 1980). Although the mitigated sentence is now vacated, the trial judge...

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