WENDALL J. CHATMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WENDALL J. CHATMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
458 So. 2d 86
Florida District Court of Appeal, Fifth District (1984)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Fike v. State, 455 So. 2d 628 (Fla. 5th DCA 1984).
COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur. COWART, J., dissents with opinion.
Dissent
COWART, Judge,
dissenting:
A criminal information must unequivocally allege the facts upon which the court’s jurisdiction is based. When the circuit court has jurisdiction over a felony charge and the county court has jurisdiction over a misdemeanor charge, an information disjunctively alleging facts charging a felony or a misdemeanor is defective and legally insufficient to invoke the jurisdiction of either court. Young v. State, 439 So. 2d 306 (Fla. 5th DCA 1983), and Nelson v. State, 398 So. 2d 920 (Fla. 5th DCA 1981), are correct. See the dissent to Fike v. State, 455 So. 2d 628 (Fla. 5th DCA 1984).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Heriberto Rodriguez v. State, 464 So. 2d 638 (Fla. 3d DCA 1985)…missible where, as here, the sentences are imposed following an order of probation revocation. We must reject this claim based on a well-settled line of authority in this state. Whitlock v. State, 458 So. 2d 888 (Fla. 5th DCA 1984); Kimble v. State, 458 So. 2d 86 (Fla. 5th DCA 1984); Neely v. State, 453 So. 2d 129 (Fla. 5th DCA 1984); Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984); Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984). He further contends that, even if the trial court was permitted to d…
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Browning v. State, 465 So. 2d 1357 (Fla. 5th DCA 1985)…judicial sentencing discretion and when articulated in writing as required by Florida Rule of Criminal Procedure 3.701, a violation of probation may serve as a clear and convincing reason for a departure from the guideline sentence. Kimble v. State, 458 So. 2d 86 (Fla. 5th DCA 1984); Gordon v. State, 454 So. 2d 657 (Fla. 5th DCA 1984); Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984). Here, Browning violated his probation, but the violation was not given as a reason for departure on either the scoresheet…
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Chatman v. State, 477 So. 2d 564 (Fla. 1985)…OVERTON, Justice. The decision of the Fifth District Court of Appeal reported as Chatman v. State, 458 So. 2d 86 (Fla. 5th DCA 1984), is approved on the authority of Fike v. State, 474 So. 2d 1192 (Fla.1985). See also Ramsey v. State, 474 So. 2d 1193 (Fla.1985). It is so ordered. BOYD, C.J., and ADKINS, McDONALD, EHLRICH and SHAW, JJ., concur.…
Authorities Cited
- Fike v. State, 455 So. 2d 628 (Fla. 5th DCA 1984)
- Puzzo v. State, 439 So. 2d 306 (Fla. 4th DCA 1983)
- Young v. State, 439 So. 2d 306 (Fla. 5th DCA 1983)
- Raunel Ramos v. State, 398 So. 2d 920 (Fla. 3d DCA 1981)
- Nelson v. State, 398 So. 2d 920 (Fla. 5th DCA 1981)