RILEY NICHOLAS BRACK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE; ERIC J. BAKER, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1974-04-03

Nos. 73-809, 73-811

MANN, C. J., and HOBSON and GRIMES, JJ., concur.

293 So. 2d 108 Florida District Court of Appeal, Second District (1974) Positive Treatment

Cited by 1 case

Topics

Florida Drug Abuse Law Jurisdiction Of Circuit Court Nolo Contendere Plea

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Opinion of the Court

PER CURIAM.

Appellants were convicted, pursuant to a plea of nolo contendere, of unlawful possession of marijuana. Appellant Baker was sentenced to a term of forty-two months in state prison and Appellant Brack was sentenced to thirty-six months in state prison.

It appears of record that the informa-tions herein did not allege possession of marijuana in excess of five grams or previous conviction under the Florida Drug Abuse Law. Such omissions were fatal since either of such allegations would be essential to give the circuit court jurisdiction.1 Therefore, the judgments appealed from are vacated and the cases are remanded for proceedings not inconsistent with this opinion.2

MANN, C. J., and HOBSON and GRIMES, JJ., concur. . See Pope v. State (Fla.App.2d 1972) 268 So. 2d 173; Collins v. State (Fla.App.4th 1972) 271 So. 2d 156; and Carr v. State (Fla.App.2d 1972) 267 So. 2d 684.

. No opinion is expressed herein as to the search and seizure point raised by appellants.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Angell Rogers v. State, 336 So. 2d 1233 (Fla. 4th DCA 1976)

…nded the cause “with directions to [*1236] quash the information with leave either to amend or to refile in the appropriate court depending upon the allegations upon which the state intends to rely . . .” 268 So. 2d at 176. See, too, Brack v. State, 293 So. 2d 108 (Fla.2d DCA 1974). We hold that the first information the state filed was as invalid as the one in the Pope case because it too failed to show whether the appellant was charged with a misdemeanor or a felony. On the one hand the first part of the i…

Authorities Cited

Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972)
Collins v. State, 271 So. 2d 156 (Fla. 4th DCA 1972)
Mass. Cas. Ins. Co. v. Steiger, 267 So. 2d 684 (Fla. 3d DCA 1972)
Carr v. State, 267 So. 2d 684 (Fla. 2d DCA 1972)

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