DORIS MOBLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1985-09-12
No. 66301
BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
475 So. 2d 1239 Florida Supreme Court (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

This cause is before us on petition to review a decision of the Fifth District Court of Appeal reported as Mobley v. State, 460 So. 2d 383 (Fla. 5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision of the district court of appeal on the authority of our decision in Fike v. State, 474 So. 2d 1192 (Fla.1985).

It is so ordered.

BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.


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  • Hope v. State, 588 So. 2d 255 (Fla. 5th DCA 1991)
    …ion alleges either a felony or a misdemeanor in the alternative, the circuit court, nevertheless, has jurisdiction. The misdemeanor allegation was held mere surplusage. Fike was followed by Mobley v. State, 460 So. 2d 383 (Fla. 5th DCA 1984), aff'd, 475 So. 2d 1239 (Fla.1985). In these cases allegations of felony even in the alternative was sufficient to invoke circuit court jurisdiction. Alleging a specific felony (third degree felony driving under the influence) — even if alleged insufficiently so that amend…

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