JAMES W. JUDD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A criminal information must unambiguously charge a felony to invoke circuit court jurisdiction.
Appellant was charged with driving under the influence, but the information did not explicitly state that the charge was a felony, only that it was br…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sufficiency Of Criminal Information cases and more on FLexlaw
STONE, Judge.
We reverse appellant’s conviction and sentence for felony DUI. See State v. Rodriguez, 575 So. 2d 1262 (Fla.1991).
The information charged appellant with driving under the influence, “to the extent that his normal faculties were impaired, in violation of Florida Statute 316.193(l)(a).” Nothing in the information places the defendant on notice that the charge is punishable under section 316.193(2)(b) as a felony rather than as a misdemeanor DUI, other than the state bringing the charge in the circuit court. There was no additional indication in the information that the charge was a felony, such as any statement to that effect, any reference to the felony sentencing section of the statute, or any reference to defendant’s prior convictions.
Notwithstanding appellant’s plea of no contest to a felony sentence, this jurisdictional issue may be raised on appeal. An information must unambiguously charge a felony to invoke circuit court jurisdiction. State v. Rodriguez, 575 So. 2d at 1263.
Therefore, appellant’s conviction on count I is reversed and remanded for further proceedings.
GUNTHER, J., and WALDEN, JAMES H., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Miami v. Bell, 606 So. 2d 1183 (Fla. 1st DCA 1992)…ur in the opinion. . Philip C. Owen, Chartered v. Department of Revenue, 597 So. 2d 380 (Fla. 1st DCA 1992); Gardinier, Inc. v. Department of Pollution Control, 300 So. 2d 75, 78 (Fla. 1st DCA 1974); Turner v. Department of Professional Regulation, 591 So. 2d 1136, 1137 (Fla. 4th DCA 1992). . 70 C.J.S. Penalties § 2 at 107 (1992). . Id. at § 5 at 108-109 (1992). . Barragan v. City of Miami, 545 So. 2d 252 (Fla.1989). . Jewel Tea Company v. Florida Industrial Commission, 235 So. 2d 289 (Fla.1969). . See C…
Authorities Cited
- State v. Narcisco Rodriguez, 575 So. 2d 1262 (Fla. 1991)