MILTON LEROY WOODS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Milton Leroy Woods was charged by information with one count of possession of cocaine, a third degree felony, and one count of resisting arrest without violence, a first degree misdemeanor. The matter proceeded to non-jury trial at the outset of which the state announced a nolle prosequi of the first count because laboratory analysis had revealed the substance thought to be cocaine was not. At this point the circuit court was divested of jurisdiction of the surviving misdemeanor charge, and erred in proceeding with the trial over Woods’ objection. State v. Vazquez, 450 So. 2d 203 (Fla.1984); see also Vazquez v. State, 427 So. 2d 1125, 1127 (Fla. 5th DCA 1983) (J. Upchurch dissenting). Accordingly, Woods’ conviction and sentence on the charge of resisting an officer without violence are reversed.
REVERSED.
THOMPSON, ZEHMER and BARFIELD, JJ., concur.
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Oglesby v. State, 911 So. 2d 1288 (Fla. 1st DCA 2005)…y of disorderly intoxication. The circuit court was divested of jurisdiction when the information was amended and all that remained to be tried by the court were two misdemeanors. Glass v. State, 832 So. 2d 837 (Fla. 5th DCA 2002); Woods v. State, 556 So. 2d 493 (Fla. 1st DCA 1990); see also State v. Anderson, 537 So. 2d 1373 (Fla.1989)(recognizing that the state may orally amend an information); compare State v. Vazquez, 450 So. 2d 203 (Fla.1984)(holding that circuit court will not lose jurisdiction when i…
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Authorities Cited
- State v. Vazquez, 450 So. 2d 203 (Fla. 1984)
- Cochran v. State, 427 So. 2d 1125 (Fla. 3d DCA 1983)
- Vazquez v. State, 427 So. 2d 1125 (Fla. 5th DCA 1983)