MALCOLM NELSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fike v. State, 455 So. 2d 628 (Fla. 5th DCA 1984)
  …delivery with consideration and is therefore sufficient in itself to charge a felony. State v. Stewart, 374 So. 2d 1381 (Fla.1979). Thus, the information in this case alleges that Fike either committed a felony or a misdemeanor. In Nelson v. State, 398 So. 2d 920 (Fla. 5th DCA 1981) and Young v. State, 439 So. 2d 306 (Fla. 5th DCA 1983), this court held that an information which alleged in the alternative a felony or a misdemeanor was insufficient to invoke the jurisdiction of the circuit court. We now reced…
• Gray v. State, 404 So. 2d 388 (Fla. 5th DCA 1981)
  …rging document but, because of the omitted element, only alleges a misdemeanor. Unless a felony is adequately charged, the circuit court does not have jurisdiction to proceed and any action it subsequently takes is void. See, e. g., Nelson v. State, 398 So. 2d 920 (Fla. 5th DCA 1981) (information charging defendant with willfully or carelessly burning a field only charged a misdemeanor and circuit court therefore did not have jurisdiction); Radford v. State, 360 So. 2d 1303 (Fla. 2d DCA 1978) (information tha…
• Young v. State, 439 So. 2d 306 (Fla. 5th DCA 1983)
  …efense, and the situs of the crime is proven at trial?” 4 We have previously held that an information which alleged in the alternative5 a felony or a misdemeanor was insufficient to invoke the jurisdiction of the circuit court. See Nelson v. State, 398 So. 2d 920 (Fla. 5th DCA 1981). Because the circuit court’s jurisdiction was not properly invoked it did not have jurisdiction and appellant’s convictions are void and are REVERSED. DAUKSCH and SHARP, JJ., concur. . An information or indictment which wholl…

Authorities Cited

• Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972)
• Knotts v. State, 336 So. 2d 1233 (Fla. 1st DCA 1976)