CHARLIE STANLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charlie Stanley challenged his second-degree murder conviction and sentence, arguing that the State Attorney lacked authority to prosecute because he failed to timely register as a qualified elector in the judicial circuit. The appellate court rejected this constitutional challenge and affirmed the conviction.
The court held that the State Attorney was not disqualified under section 98.201, Florida Statutes, because disqualification does not occur merely upon moving from a county of registration; rather, disqualification occurs only when the elector's name is actually stricken from the registration books. There was no indication in the record that Register's name was removed from the Leon County registration books until he qualified in Alachua County.
[1] A State Attorney's authority to prosecute is not constitutionally infirm based on the prosecutor's prior voter registration in a different county, absent evidence that th…
[2] A voter's disqualification from holding office does not automatically occur upon moving from the county of registration, but rather when the elector's name is stricken fr…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“disqualification does not occur until the elector's name is stricken from the registration books”
The court's interpretation of section 98.201, rejecting Stanley's argument that physical relocation automatically disqualifies an elector
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Join FLexlaw to unlock all legal intelligenceLen Register was appointed State Attorney of the Eighth Judicial Circuit and assumed office on January 3, 1989. At that time, Register lived in Leon C…
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BARFIELD, Judge.
Charlie Stanley challenges his conviction and sentence for second degree murder asserting three grounds for reversal. We find no error in the judgment of the trial court and find only one issue merits discussion.
The appellant challenged the authority of the State Attorney of the Eighth Judicial Circuit on the grounds that his office was constitutionally infirm and he thereby lacked the authority to prosecute the case.
Len Register was appointed to the office of State Attorney in the Eighth Judicial Circuit and assumed that office on January 3, 1989. Prior to that date Mr. Register lived in Leon County, Florida, in the Second Judicial Circuit and was a qualified elector registered in Leon County. He did not change his registration to Alachua County until March 9, 1989. The appellant has contended that the failure to change his registration to Alachua County within 30 days of his assuming the office of State Attorney meant that he failed to qualify in time and a vacancy was created in the office. To reach this conclusion, the appellant contends that Mr. Register was a disqualified elector under section 98.201, Florida Statutes (1987). We disagree with appellant’s interpretation of section 98.201, that disqualification automatically happens upon moving from the county of registration. Our reading of the statute indicates that disqualification does not occur until the elector’s name is stricken from the registration books. There is no indication in the record that Mr. Register’s name was stricken from the registration books in Leon County until such time as he qualified in Alachua County.
AFFIRMED.
ZEHMER and WOLF, JJ., concur.