BRAYLEY v. STATE

No. 2D11-3063.

93 So.3d 1233 (2012)

Kenneth BRAYLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 10, 2012.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Julius J. Aulisio , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

We affirm Kenneth Brayley's judgments and sentences for felony driving under the influence of alcohol (third offense), refusal to submit to testing, driving while license suspended or revoked, and operating a motorcycle without endorsement. But, as conceded by the State, we must reverse the order imposing restitution because it was entered after Brayley filed his notice of appeal, which divested the trial court of jurisdiction. See Renfroe v. State...

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