HORAN v. STATE

No. 1D05-0258.

990 So.2d 1264 (2008)

Brendan B. HORAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 29, 2008.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

In this direct criminal appeal, we affirm appellant's conviction and sentence. While actions on the part of an assistant state attorney who was a spectator not involved in the trial may well have been unprofessional, they did not constitute reversible error, as prosecutorial misconduct or otherwise. However, because appellant had filed his notice of appeal before the trial court entered its order determining the amount of restitution, the trial court was...

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