RICKY ALLEN ENGLUND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the circuit court lacked jurisdiction because the information failed to allege knowledge, an essential element of battery of a law enforcement officer.
[1] A circuit court lacks jurisdiction over a felony offense when the charging information fails to allege an essential element of that felony.
[2] An information charging battery of a law enforcement officer must allege that the battery was committed knowingly.
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Join FLexlaw to unlock all legal intelligenceRicky Englund was arrested after a brawl and later allegedly struck Deputy Schultz while being transported. The information charged him with battery o…
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PER CURIAM.
Ricky Allen Englund appeals his conviction for battery of a law enforcement officer. We hold that the circuit court lacked jurisdiction over the offense because the information charged only simple battery, a misdemeanor offense.
On November 10, 1977, Englund participated in a brawl at a bowling alley in Naples. He was arrested and taken to the Collier County Sheriff’s Department for booking. He was then taken to the hospital by sheriff’s deputies. After Englund was treated, Deputy Schultz, who was at the hospital on other business, assisted other officers in placing Englund in a patrol car for transportation back to the sheriff’s office. At this point Englund allegedly struck Deputy Schultz. It was this incident which gave rise to the charge against him.
Prior to trial the appellant unsuccessfully moved to dismiss the charges because the information was insufficient. The information stated that on the 10th day of November, 1977 the appellant: Did unlawfully commit a battery upon DEPUTY JAMES SCHULTZ, a law enforcement officer, while the said JAMES SCHULTZ was engaged in the lawful performance of his duties, by striking the said person against his will and in violation of Florida Statute 784.07. (emphasis supplied)
This language tracked Section 784.07(2), Florida Statutes, except that it substituted the word “unlawfully” for the word “knowingly.” Because of this defect the information failed to allege knowledge, an essential element of the crime of battery of a law enforcement officer. The information did sufficiently charge the misdemeanor offense of battery, but fell short of alleging the felony offense of battery on a law enforcement officer. Therefore, the circuit court did not acquire jurisdiction over the subject matter, and the judgment and sentence against appellant are void. See Waters v. State, 354 So. 2d 1277 (Fla. 2d DCA 1978); Radford v. State, 360 So. 2d 1303 (Fla. 2d DCA 1978).
The judgment and sentence are vacated and the cause reversed and remanded for further proceedings consistent with this opinion.
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allen v. State, 463 So. 2d 351 (Fla. 1st DCA 1985)…s, do not demonstrate jurisdiction, then the cause should be dismissed with leave to file in the proper forum or, alternatively, transferred to that forum. Brehm v. State, supra; Wesley v. State, 375 So. 2d 1093 (Fla. 3d DCA 1979); Englund v. State, 368 So. 2d 86 (Fla. 2d DCA 1979). If, on the other hand, the allegations properly allege a jurisdictional basis, any determination during or after trial that the charges are not supported by the evidence does not divest the circuit court of jurisdiction over less…
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Shanklin v. State, 369 So. 2d 620 (Fla. 2d DCA 1979)…ry. Hence, the circuit court had no subject matter jurisdiction, and the judgment was void. Even though the defect was not raised in the trial court, it was deemed jurisdictional and not subject to cure by waiver or consent. Accord Englund v. State, 368 So. 2d 86 (Fla. 2d DCA 1979). In Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972), the defendant pled guilty to a charge of possession of marijuana as condemned by Chapter 404, Florida Statutes (1971). The information was deemed insufficient to charge a felo…
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Page v. State, 376 So. 2d 901 (Fla. 2d DCA 1979)…jurisdiction over the charged misdemeanor in this case. Article V, Section 5(b), Florida Constitution; Section 26.012, Florida Statutes (1975). Thus, any orders entered by the court in this case were a nullity and must be reversed. Englund v. State, 368 So. 2d 86 (Fla. 2d DCA 1979); Dicaprio v. State, 352 So. 2d 78 (Fla. 4th DCA 1977); Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972). Accordingly, this case is reversed and the order placing appellant on probation, the order revoking his probation, and the ju…
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- Radford v. State, 360 So. 2d 1303 (Fla. 2d DCA 1978)
- Waters v. State, 354 So. 2d 1277 (Fla. 2d DCA 1978)