FRANK SCLAFANI, PETITIONER,
v.
COUNTY OF DADE, STATE OF FLORIDA, RESPONDENT
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Frank Sclafani challenges his conviction for leaving the scene of an accident involving personal injury, arguing the county court lacked jurisdiction to try this felony charge, which should have been prosecuted in circuit court. The Florida District Court of Appeal granted the writ of certiorari and quashed the conviction on the jurisdictional ground, though upholding the county court's authority over related misdemeanor charges.
The county court lacked jurisdiction to try Sclafani for the felony charge under § 316.027 because circuit courts have exclusive original jurisdiction over all felonies, and a felony must be charged by indictment or information, not by complaint. However, the county court did have jurisdiction over related misdemeanor charges of careless driving and leaving the scene of an accident involving property damage.
[1] A county court lacks jurisdiction to try or sentence a defendant for a felony offense, even if the defendant is charged by complaint and not indictment or information.
[2] Counsel cannot confer jurisdiction on a trial court; jurisdiction is established solely by general law and cannot be conferred by consent, acquiescence, or waiver.
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Join FLexlaw to unlock all legal intelligence“counsel cannot confer jurisdiction on the trial court, as its jurisdiction is established solely by general law and cannot be conferred by consent, acquiescence or waiver”
Establishes the fundamental principle that jurisdictional defects cannot be cured by agreement or waiver of the parties
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Join FLexlaw to unlock all legal intelligenceSclafani was charged by complaint with leaving the scene of an accident involving personal injury under § 316.027, Fla.Stat., and other traffic violat…
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NATHAN, Judge.
This petition for writ of certiorari was filed by Frank Sclafani, the defendant, to seek review of an order of the circuit court in its appellate capacity, affirming a judgment of the county court finding Scla-fani guilty as charged and sentencing him to 60 days in the county jail for leaving the scene of an accident involving personal injury.
Sclafani was charged by complaint on August 3, 1974, with leaving the scene of an accident involving personal injury and other traffic violations. At trial, Scla-f-ani’s motions for judgment of acquittal were denied and he was adjudicated guilty and sentenced to 60 days in the county jail on that charge. On appeal to the circuit court, Sclafani’s sole point was that the county court did not have jurisdiction to hear the charge because the circuit court and not the county court, has original exclusive jurisdiction of all felonies. The circuit court affirmed the trial court and this petition ensued.
The complaint charged Sclafani with violation of § 316.027, Fla.Stat., which proscribes leaving the scene of an accident involving death or personal injury and provides, “Any person willfully failing to stop or to comply with said requirements under such circumstances is guilty of a felony . . .”. § 26.012(2), Fla.Stat., provides that circuit courts have exclusive original jurisdiction of all felonies. Scla-fani contends that the order of affirmance of the conviction and sentence is contrary to essential requirements of law because the county court is without jurisdiction to entertain felony charges.
At the time of trial, defense counsel agreed that the county court did have jurisdiction over the charge in question. This is not considered a waiver since counsel cannot confer jurisdiction on the trial court, as its jurisdiction is established solely by general law and cannot be conferred by consent, acquiescence or waiver. Florida Constitution, Article V, § 6(b); see Winn and Lovett Grocery Company v. Luke, 1945, 156 Fla. 638, 24 So. 2d 310; Ringling Brothers Barnum and Bailey Combined Shows, Inc. v. State, Fla.App. 1974, 295 So. 2d 314, 316.
Sclafani was charged by complaint and not by indictment or information, which is the proper charging document for a felony. It appears from the testimony, the sentence imposed and the entire record, that the court intended to and did try him for the felony of leaving the scene of an accident involving personal injury. The county court did not have jurisdiction to try Sclafani or to sentence him pursuant to § 316.027, Fla.Stat. Watkins v. Morris, Fla.1965, 179 So. 2d 348. There is no question, however, that it did have jurisdiction to find him guilty and sentence him to 10 days each for two careless driving charges and 10 days for leaving the scene of an accident involving property damage.
The writ of certiorari is granted and the judgment and sentence of the county court on the charge of violation of § 316.027, Fla.Stat., is quashed.
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Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983)…. 2d 1197 (Fla.1980). Here, however, the order placing appellant on probation was void for lack of jurisdiction, Phillips v. State, 394 So. 2d 233 (Fla. 1st DCA 1981), and a defendant cannot confer jurisdiction by waiver. Sclafani v. County of Dade, 323 So. 2d 675 (Fla. 3d DCA 1975). The appellant’s other point on appeal has no merit. We reverse the consecutive five year prison sentences. The original concurrent five .year sentences are hereby reinstated. Appellant shall be entitled to credit for any jail t…
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Gregorio Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1982)…ement). Subject matter jurisdiction and double jeopardy are two distinctly different concepts. Subject matter jurisdiction cannot be conferred by waiver or consent, Cancela v. State, 147 Fla. 500, 2 So. 2d 859 (Fla.1941); Sclafani v. County of Dade, 323 So. 2d 675 (Fla. 3d DCA 1975), and may be raised at any time. Tamiami Trail Tours, Inc. v. Wooten, 47 So. 2d 743 (Fla.1950); Schmauss v. Snoll, 245 So. 2d 112 (Fla. 3d DCA), cert. denied, 248 So. 2d 172 (Fla.1971). The defense of former jeopardy can be waived.…
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White v. State, 404 So. 2d 804 (Fla. 2d DCA 1981)…onfer jurisdiction on the trial court by waiver, acquiescence, estoppel, or consent since jurisdiction is established solely by general law. Art: V, § 6(b), Fla.Const.; Worley v. State, 396 So. 2d 1153 (Fla. 2d DGA 1981); Sclafani v. County of Dade, 323 So. 2d 675 (Fla. 3d DCA 1975); State v. Evans, 225 So. 2d 548 (Fla. 3d DCA 1969), cert. denied, 397 U.S. 1053, 90 S.Ct. 1394, 25 L.Ed.2d 668 (1970). Accordingly, the order purporting to place appellant on probation, the order revoking that probation, and the…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ringling BROS.-BARNUM & Bailey Combined Shows, Inc. v. State, 295 So. 2d 314 (Fla. 1st DCA 1974)
- Winn & Lovett Grocery Co. v. Luke, 156 Fla. 638 (Fla. 1945)
- Watkins v. Morris, 179 So. 2d 348 (Fla. 1965)