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BOARD v. STATE

No. 1D12-5488.

128 So.3d 208 (2013)

Floyd BOARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 10, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and A. Victoria Wiggins , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.

SWANSON, J.

We reverse the trial court's order of restitution and appellant's judgment and sentence. Appellee has correctly conceded that the trial court was divested of jurisdiction of the underlying charges when the state filed its third amended information by which all that remained to be tried were three first-degree misdemeanors. See Art. V, § 20(c)(3) & (4), Fla. Const.; §§ 26.012(2)(d) & 34.01(1)(a), Fla. Stat. (2011). See also...

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