WILLETTE SMITH, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Edwards v. State, 128 So. 3d 134 (Fla. 1st DCA 2013)
  …d against him, asserting that it lacked probable cause, which, in turn, deprived the trial court of subject matter jurisdiction. Normally, a claim that the trial court lacked subject matter jurisdiction can be raised at any time. See Waggy v. State, 935 So. 2d 571, 573 (Fla. 1st DCA 2006). Further, a fundamental defect in the information can support a claim of lack of subject matter jurisdiction. See Carbajal v. State, 75 So. 3d 258, 262 (Fla.2011). Not every defect in the charging instrument will render a su…
• Davis v. State, 998 So. 2d 1196 (Fla. 1st DCA 2009)
  …ssertion in claim one that the offenses of which the appellant was convicted occurred on the grounds of the Jacksonville Naval Air Station, which is federal land, and thus the state court did not have subject matter jurisdiction. See Waggy v. State, 935 So. 2d 571 (Fla. 1st DCA 2006). The trial court denied the motion as untimely and successive. However, subject matter jurisdiction may be raised at any time. See Willie v. State, 600 So. 2d 479 (Fla. 1st DCA 1992). The state concedes that the trial court erred…
• State v. Vantoria Futch, 979 So. 2d 1215 (Fla. 3d DCA 2008)
  …servations as to the validity or enforceability of this particular ordinance, the court’s jurisdiction had not been properly invoked to permit entry of the order granting Futch’s request for prospective relief from the ordinance. See Waggy v. State, 935 So. 2d 571, 573 (Fla. 1st DCA 2006) (“When a court lacks subject matter jurisdiction, it has no power to decide the case and any judgment entered is absolutely null and void, can be set aside and stricken from the record on motion at any time, and may be colla…

Authorities Cited

• Morgan v. State, 912 So. 2d 642 (Fla. 5th DCA 2005)