JESSIE JENKINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lewellen v. State, 682 So. 2d 186 (Fla. 2d DCA 1996)
  …on for a' lesser included petit theft offense may result in a first degree misdemeanor adjudication and sentencing, the state must put the defendant on notice in the charging document. See Young v. State, 641 So. 2d 401 (Fla.1994); Jenkins v. State, 617 So. 2d 836 (Fla. 4th DCA 1993). Accordingly, we hold it was fundamental error to classify Lewellen’s petit theft conviction as a first degree misdemean- or. Although our reversal renders Lewellen’s challenge to court costs moot, we address this issue in order…
• Wilnard Simeon v. State, 778 So. 2d 455 (Fla. 4th DCA 2001)
  …ed and renumbered). Although evidence of appellant’s prior theft conviction was entered without objection, the information failed to contain an allegation of prior theft. The error is fundamental, and can be raised at any time. See Jenkins v. State, 617 So. 2d 836 (Fla. 4th DCA 1993). Accordingly, we affirm appellant’s convictions for petit theft and resisting an officer without violence. We reverse appellant’s sentence for petit theft and remand for resentencing as a second degree misdemeanor. AFFIRMED IN…
• Harris v. State, 698 So. 2d 343 (Fla. 5th DCA 1997)
  …s a second-degree misdemeanor, but did not refer to any prior theft conviction to warrant reclassification as a first-degree misdemeanor. See § 812.014(3)(b), Fla. Stat. (1995); Lewellen v. State, 682 So. 2d 186 (Fla. 2d DCA 1996); Jenkins v. State, 617 So. 2d 836 (Fla. 4th DCA 1993). The trial court is directed to correct the judgment accordingly. Two, the order of probation incorrectly contains several special conditions that were not orally pronounced. Condition 11 and special condition 19 require appella…

Authorities Cited

• Meenaghan v. State, 601 So. 2d 307 (Fla. 4th DCA 1992)
• Clay v. State, 595 So. 2d 1052 (Fla. 4th DCA 1992)
• Hauss v. State, 592 So. 2d 783 (Fla. 4th DCA 1992)