MCKINLEY O'NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MCKINLEY O'NEAL, APPELLANT,
STATE OF FLORIDA, APPELLEE
444 So. 2d 1142
Florida District Court of Appeal, First District (1984)
Positive Treatment
Cited by 3 cases
Opinion of the Court
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 of subject-matter jurisdiction when the caption of the charging document charges the defendant[s] 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 LARRY G. SMITH and SHIVERS, 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)…jurisdictionally defective for failing to specifically allege the two prior petit theft convictions as essential elements. Phillips v. State, supra. We certify as a question of great public importance the same question certified in O’Neal v. State, 444 So. 2d 1142 (Fla. 1st DCA 1984). Brookins v. State, Case No. AT-311: The relevant facts of this case are substantially similar to the facts in Sheffield v. State. Brookins’ motion was granted on substantially the same grounds, and the state has appealed. In a…1 / 2
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State v. McKinley O'Neal, 472 So. 2d 1142 (Fla. 1985)…ed in State v. Phillips, 468 So. 2d 1136 (Fla.1985), and our decision here is controlled by the rationale expressed therein. On the authority of Phillips, we answer the certified question in the negative and quash the decision of the district court. 444 So. 2d 1142. It is so ordered. BOYD, C.J., and OVERTON, ALDERMAN, McDonald and SHAW, JJ., concur. ADKINS, J., dissents.…
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Natal El-Ra-Sul v. State, 456 So. 2d 1244 (Fla. 1st DCA 1984)…punishable as provided in s. 775.082 or s. 775.083. Upon a third 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).…
Authorities Cited
- Phillips v. State, 438 So. 2d 886 (Fla. 1st DCA 1983)
- Shelton Penson Donald, Jr. v. State, 442 So. 2d 271 (Fla. 1st DCA 1983)