RONNIE LEE OGLESBY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the circuit court lost subject matter jurisdiction when the information was amended to charge only misdemeanors.
Appellant was charged with felonies, but during trial, the charges were reduced to misdemeanors. The trial court proceeded to convict him of one misde…
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PER CURIAM.
Ronnie Lee Oglesby appeals his conviction for resisting arrest without violence arguing that the trial court erred in trying him for misdemeanors over which it lacked jurisdiction and in denying his motion for judgment of acquittal as to the charge of resisting arrest without violence. For the reasons that follow, we reverse.
Appellant was charged by information with resisting an officer with violence, a third degree felony, battery on a law enforcement officer, a third degree felony, and disorderly intoxication, a misdemean-or. At the outset of appellant’s non-jury trial it was announced that the state was going to nol pros the count charging battery on a law enforcement officer, and reduce the count charging resisting with violence to resisting without violence, a misdemeanor. The state agreed that it was orally amending the information to reflect the changes. Thereafter, the circuit court found Oglesby guilty of resisting arrest without violence and not guilty 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 it proceeds on misdemeanor charge but does not drop the felony charge). Although Oglesby did not object below, as the state correctly concedes, the issue of subject matter jurisdiction is a question of fundamental error which can be raised for the first time on appeal. Booker v. State, 497 So. 2d 957 (Fla. 1st DCA 1986).
REVERSED.
DAVIS, BENTON and VAN NORTWICK, JJ., concur.
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Eddie v. State, 933 So. 2d 570 (Fla. 1st DCA 2006)…he trial court lacked subject matter jurisdiction to revoke his probation because it was error to extend his probation by two years. Because this is a question of fundamental error, it may be addressed for the first time on appeal. Oglesby v. State, 911 So. 2d 1288 (Fla. 1st DCA 2005). Before probation may be enhanced, either by extension of the period or by addition of terms, a violation of probation must be formally charged and the probationer must be brought before the court and advised of the charge, foll…
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Waggy v. State, 935 So. 2d 571 (Fla. 1st DCA 2006)…r previously ceded NAS Jacksonville to the federal government as outlined in section 6.04, Florida Statutes. The issue of subject matter jurisdiction is one of fundamental error that may be raised for the first time on appeal. See Oglesby v. State, 911 So. 2d 1288 (Fla. 1st DCA 2005). Moreover, the entry of a plea does not foreclose a later claim premised on the trial court’s lack of subject matter jurisdiction. See Maddox v. State, 760 So. 2d 89, 96 (Fla.2000). Furthermore, questions of fundamental error may…
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Floyd Bd. v. State, 128 So. 3d 208 (Fla. 1st DCA 2013)…s when the state filed its third amended information by which all that remained to be tried were three first-degree misdemeanors. See Art. V, § 20(c)(3) & (4), Fla. Const.; §§ 26.012(2)(d) & 34.01(l)(a), Fla. Stat. (2011). See also Oglesby v. State, 911 So. 2d 1288, 1288 (Fla. 1st DCA 2005) (citing Glass v. State, 832 So. 2d 837 (Fla. 5th DCA 2002), and Woods v. State, 556 So. 2d 493 (Fla. 1st DCA 1990)); accord Pinkard v. State, 852 So. 2d 377 (Fla. 5th DCA 2003). The issue of subject matter jurisdiction is o…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anderson, 537 So. 2d 1373 (Fla. 1989)
- State v. Vazquez, 450 So. 2d 203 (Fla. 1984)
- Booker v. State, 497 So. 2d 957 (Fla. 1st DCA 1986)
- Woods v. State, 556 So. 2d 493 (Fla. 1st DCA 1990)
- Glass v. State, 832 So. 2d 837 (Fla. 5th DCA 2002)