GILBERT BROOKINS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a writ of error because it lacked appellate jurisdiction over a misdemeanor conviction. The court held that its jurisdiction is limited to felony convictions from Criminal Courts of Record.
No, the Florida Supreme Court does not have appellate jurisdiction over misdemeanor convictions from Criminal Courts of Record, even if felony charges were initially included in the information.
“Brookins was convicted in the Criminal Court of Record of assault and battery, a misdemeanor, and takes writ of error from this court.”
Establishes the nature of the conviction and the procedural posture of the case.
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Join FLexlaw to unlock all legal intelligenceBrookins was convicted of assault and battery, a misdemeanor, in a Criminal Court of Record. The information filed against him included charges of fel…
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Cockrell, J.
Brookins was convicted in the Criminal Court of Record of assault and battery, a. misdemeanor, and takes writ of error from this court.
This court has appellate jurisdiction, Const. Art. V, Sec. 5, “in cases of conviction of felony in the Criminal Courts,” while the Circuit Courts have final appellate jurisdiction “of all misdemeanors tried in the Criminal Courts.”
It will then be seen that “conviction of a felony” is the basis for our jurisdiction over the Criminal Courts of Record. While the information upon which Brookins was tried, included felonious assault as well as those lesser ones, the verdict of the jury wiped out the felony charges and the conviction was for a misdemeanor. • It follows that the writ of error was improvidently sued out from this court, and that it should be dismissed.
So ordered.
Shackleford, C. J., and Taylor, Hocker and Whitfield, J. J., concur.
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Pleger v. State, 68 So. 2d 371 (Fla. 1953)…on the misdemeanor count would have been to the Circuit Court of Palm Beach County. [*372] See Wood v. State, 153 Fla. 888, 16 So. 2d 107; Byrd v. State, 146 Fla. 686, 1 So. 2d 624; Best v. State, 91 Fla. 481, 107 So, 638. Compare Brookins v. State, 68 Fla. 436, 67 So. 142. In principle, we can see ijo difference between such a situation and the one involved here, wherein the county solicitor announced that he was electing to try the defendant on the misdemeanor charge comprehended within the felony charg…