5D08-132 Kelley McClintock v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-132

Case Date: 12/01/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008

KELLEY ROBERT MCCLINTOCK, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 5, 2008 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. 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. Case No. 5D08-132

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 try to obtain a stipulation from McClintock as to the restitution amount. The trial court stated that it would reserve

jurisdiction on that issue and later make the restitution amount a lien. The trial court then sentenced McClintock to a term of two years in the Department of Corrections with credit for 445 days served. The court also ordered that restitution be made a lien of record, but did not indicate the restitution amount. The parties were never able to reach an agreement as to the amount of restitution. After McClintock had completed his sentence of incarceration, a restitution hearing was held. During the hearing, McClintock contended that the trial court lacked jurisdiction to establish a restitution amount and enter a lien thereon because he had already completed serving his entire sentence. Nonetheless, the trial court entered a restitution order. On appeal, McClintock claims that the trial court lacked the authority to enter a restitution order against him because, by the time the order was entered, he had already completed serving his sentence and thus he was no longer under the jurisdiction of the circuit court. We agree. Even though the trial court entered a timely order reserving jurisdiction to decide the restitution amount when it sentenced McClintock, the trial court lost jurisdiction to set the amount of restitution once McClintock completed serving his sentence.1 The facts of this case are somewhat similar to those presented in J.D. v. State, 849 So.2d 458 (Fla. 4th DCA 2003). In that case, the Fourth District explained: As a general rule, the jurisdiction of the juvenile court in a delinquency case ceases when the child attains nineteen years of age.

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