BILLY M. BOOKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A circuit court lacks subject matter jurisdiction to try misdemeanor offenses separately from a felony charge when the felony charge has been severed.
Appellant was charged with one felony and three misdemeanors. The felony charge was severed, and separate trials were held. Appellant was acquitted of…
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ERVIN, Judge.
Appellant appeals his conviction of misdemeanor offenses, entered in circuit court, arguing that the circuit court lacked jurisdiction to try the misdemeanor charges. We agree and reverse.
The appellant was charged in circuit court with one felony and three misdemeanor charges. Upon defense motion, the felony charge was severed from the misdemeanor charges. Two separate jury trials were held in circuit court and appellant was found not guilty of the felony count, but guilty of all three misdemeanors. Because appellant was found guilty in circuit court solely on misdemeanor offenses, the circuit court, under the circumstances, lacked subject matter jurisdiction.
Article V, Section 20(c)(3) of the Florida Constitution, provides that circuit courts shall have jurisdiction “of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged ...” See also § 26.012(2)(d), Fla.Stat. The sole purpose of the provision vesting jurisdiction in the circuit court to try felonies and misdemeanors is judicial efficiency and economy of time, in order for the felony and misdemeanor charges to be disposed of in a single proceeding. See Schueren v. State, 370 So. 2d 83 (Fla. 1st DCA 1979). Once the trial court below granted the appellant’s motion to sever, the intent of the constitutional provision was defeated, and any consideration of the relationship between the felony and misdemeanor charges became irrelevant. The circuit court was no longer the proper forum in which a separate trial on solely misdemeanor charges could be held.
Since the question of whether a court has subject matter jurisdiction involves a claim of fundamental error which can be raised at any time, even for the first time on appeal, Christopher v. State, 397 So. 2d 406 (Fla. 5th DCA 1981), we reverse the judgment and sentence entered on the misdemeanor charges.
REVERSED.
WIGGINTON and BARFIELD, JJ., concur.
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Winter v. State, 781 So. 2d 1111 (Fla. 1st DCA 2001)…ived his objection to the authority of the statewide prosecutor. The issue here, then, is whether the motion to dismiss actually implicates the jurisdiction of the trial court. “[LJack of jurisdiction can be raised at any time.” See Booker v. State, 497 So. 2d 957 (Fla. 1st DCA 1986). Moreover, lack of jurisdiction cannot be cured by consent, nor may it be waived by the defendant. See State v. Schafer, 583 So. 2d 374 (Fla. 4th DCA 1991). The Office of the Statewide Prosecutor is a creature of the Florida Con…
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C.W. v. State, 637 So. 2d 28 (Fla. 2d DCA 1994)…does not apply. Although the state argues that C.W. waived the jurisdictional argument for failing to raise it below, it is axiomatic that failure to raise a jurisdictional issue is fundamental error and may be raised at any time. State v. Booker, 497 So. 2d 957 (Fla. 1st DCA 1986); Solomon v. State, 341 So. 2d 537 (Fla. 2d DCA 1977). Our disposition of this issue moots appellant’s other issues. We reverse and vacate the order of restitution. RYDER, A.C.J., and THREADGILL, J., concur.…
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State v. Coble, 704 So. 2d 197 (Fla. 4th DCA 1998)…een filed, consolidation would have been improper since once the felony had been resolved, jurisdiction no longer could be vested in the circuit court. In support thereof, we find the holding of the First District Court of Appeal in Booker v. State, 497 So. 2d 957 (Fla. 1st DCA 1986) to be instructive. In Booker, the defendant was charged in circuit court with one felony and three misdemeanors. Upon defense motion, the felony charge was severed from the misdemeanor charges. Two separate jury trials were held…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Christopher v. State, 397 So. 2d 406 (Fla. 5th DCA 1981)
- Vincent L. "Larry" Schueren, Jr. v. State, 370 So. 2d 83 (Fla. 1st DCA 1979)