SHELTON PENSON DONALD, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1983-11-21
No. AT-362
ERVIN, C.J., and BOOTH and THOMPSON, JJ., concur.
442 So. 2d 271 Florida District Court of Appeal, First District (1983) Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.

[*272] PER CURIAM.

REVERSED. Phillips v. State, 438 So. 2d 886 (Fla. 1st DCA 1983). Pursuant to Fla.R.App.P. 9.030(a)(2)(A)(v), we certify to the Florida Supreme Court the following question as one of great public importance:

Is a circuit court deprived of subject-matter jurisdiction when the caption of the charging document charges the defendants] with felony petit theft and the body thereof cites the proper Florida Statute, § 812.014(2)(c), but the text of the charge alleges the value of the property to be less than $100 and does not specify the substantive elements of two prior petit theft convictions?

ERVIN, C.J., and BOOTH and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Allen v. State, 463 So. 2d 351 (Fla. 1st DCA 1985)
    …4(2)(c)” [*357] in all respects relevant to this case. Christopher v. State, 397 So. 2d 406, 407 (Fla. 5th DCA 1981). . Phillips v. State, 438 So. 2d 886 (Fla. 1st DCA 1983); Pickelsimer v. State, 440 So. 2d 47 (Fla. 1st DCA 1983); Donald v. State, 442 So. 2d 271 (Fla. 1st DCA 1983); O'Neal v. State, 444 So. 2d 1142 (Fla. 1st DCA 1984); Natal El-Ra-Sul v. State, 456 So. 2d 1244 (Fla. 1st DCA 1984); cf. McPhadder v. State, 450 So. 2d 1264 (Fla. 1st DCA 1984). . For an excellent analysis of Baldasar v. Illino…
  • Natal El-Ra-Sul v. State, 456 So. 2d 1244 (Fla. 1st DCA 1984)
    …hird or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree, punishable as provided in ss. 775.082, 775.083, and 775.084. . O’Neal v. State, 444 So. 2d 1142, 1143 (Fla. 1st DCA 1984); Donald v. State, 442 So. 2d 271, 272 (Fla. 1st DCA 1983).…
  • McKinley O'Neal v. State, 444 So. 2d 1142 (Fla. 1st DCA 1984)
    …PER CURIAM. REVERSED. Donald v. State, 442 So. 2d 271 (Fla. 1st DCA, 1983); Phillips v. State, 438 So. 2d 886 (Fla. 1st DCA 1983). Pursuant to Fla.R.App.P. 9.030(a)(2)(A)(v), we certify to the Florida Supreme Court the following question as one of great public importance: Is a circuit court deprived…

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