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MORIARITY v. STATE

No. 5D99-2051.

751 So.2d 1286 (2000)

Ralph MORIARITY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 17, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The trial court entered restitution orders against Ralph Moriarity but after Moriarity filed a notice of appeal of his judgment and sentence. We vacate the restitution orders because the trial court lost jurisdiction to enter the orders while the appeal was pending. See Kern v. State, 726 So.2d 353 (Fla. 5th DCA 1999).

Although Moriarity has prevailed on this issue at this time, his victory may not prove...

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