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McCLINTOCK v. STATE

No. 5D08-132.

995 So.2d 1147 (2008)

Kelley Robert McCLINTOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, C.J.

Kelley Robert McClintock ("McClintock") appeals the order entered by the trial court directing him to pay restitution. Determining that the trial court lacked jurisdiction to enter the restitution order, we vacate the order.

McClintock entered a plea of no contest in order to resolve two cases brought against him by the State. The issue of restitution was raised at the time of the plea hearing. The State indicated to the trial court that it would...

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