VICTOR ESTEBAN HERRERA GUTIERREZ
v.
STATE OF FLORIDA
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A county court lacks subject matter jurisdiction to proceed when no valid charging documents have been filed.
[1] A county court lacks subject matter jurisdiction to proceed when no valid charging documents have been filed, and such jurisdictional defect may be raised on appeal and c…
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Join FLexlaw to unlock all legal intelligenceVictor Esteban Herrera Gutierrez was convicted and sentenced in Marion County. The State subsequently confessed error regarding the validity of the ch…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case Nos. 5D2026-0928 5D2026-0930 LT Case Nos. 42-2025-MM-8866-A 42-2025-MM-8955-A
VICTOR ESTEBAN HERRERA
GUTIERREZ, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the County Court for Marion County. Lori Cotton, Judge.
Matthew J. Metz, Public Defender, and Ali Lee Hansen, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
August 14, 2026
ON CONFESSION OF ERROR
Appellant, Victor Esteban Herrera Gutierrez, appeals his judgments and sentences. Appellant argues that the county court lacked subject matter jurisdiction because no valid charging documents were ever filed. Appellee has filed a confession of error. We accept the confession of error, reverse the judgments, sentences, and liens, and remand for further proceedings.
REVERSED and REMANDED.
LAMBERT, BOATWRIGHT, and KILBANE, J.J., concur.