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· 1/26/2007

Lowery v. McDonough

Citations

  • 947 So. 2d 1210
  • 2007 Fla. App. LEXIS 912
  • 2007 WL 187661

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that court lacks jurisdiction to vacate judgment of conviction after defendant begins serving sentence
  • recognizing that criminal court’s common-law jurisdiction to vacate judgment during ‘‘ ‘term’ ’’ in which it had been rendered ‘‘no longer has vitality in this state’’
  • “the court loses jurisdiction over the case when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence”
  • “[i]t is axiomatic that, where the statutory language is clear and unambiguous, construction of the statute by reference to its history and purpose is unnecessary”
  • trial court lacks jurisdiction to grant motion for judgment of acquittal “when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence”
  • trial court lacks jurisdiction to grant motion for judgment of acquittal ‘‘when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Barfield, Nortwick, Thomas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.