THE STATE OF FLORIDA
v.
ROBERT LEE WOOD

Fla. 3d DCA | 2024-09-25
No. 3D2022-1925
2024 FL 11515 Florida District Court of Appeal, Third District (2024)

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Synopsis

The State of Florida appealed a trial court's dismissal of voting fraud charges against Robert Lee Wood. The appellate court reversed, holding that the Office of Statewide Prosecution had authority to bring the charges under Florida Statutes section 16.56(1)(a) because the offense occurred across two Florida Judicial Circuits.


Holding

The court held that the Office of Statewide Prosecution had authority under section 16.56(1)(a) to bring voting fraud charges against Wood because the offense occurred in two Florida Judicial Circuits, thereby vesting the office with prosecutorial authority over the matter.


Headnotes

[1] The Office of Statewide Prosecution has authority under Florida Statute § 16.56(1)(a) to prosecute criminal offenses that occur in two or more Florida judicial circuits.

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Key Quotes

“the Office of Statewide Prosecution had authority under section 16.56(1)(a) of the Florida Statutes to bring voting fraud charges against a voter because the offense occurred in two Florida Judicial Circuits”

This establishes the core holding that cross-circuit offenses fall within OSP jurisdiction.

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Facts & Procedural History

Robert Lee Wood was charged with voting fraud by the Office of Statewide Prosecution. The trial court dismissed the information against Wood. The alle…

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Opinion of the Court

PER CURIAM.

Reversed. See State v. Miller, 2024 WL 3434091 (Fla. 3d DCA July

17, 2024) (holding that the Office of Statewide Prosecution had authority

under section 16.56(1)(a) of the Florida Statutes to bring voting fraud

charges against a voter because the offense occurred in two Florida Judicial

Circuits).

SCALES, J. (specially concurring)

Because we are bound by State v. Miller,1 I concur in the reversal of

the trial court’s order dismissing the information against appellee Robert Lee

Wood. If we were not bound by Miller, I would affirm for the reasons stated

in my dissenting opinion in Miller, 2024 WL 3434091 at *5-7.

Footnotes
1 A panel of this Court is bound by a prior holding on the same question of law by another panel of this Court. Nat’l Med. Imaging, LLC v. Lyon Fin. Servs., Inc., 347 So. 3d 63, 64 (Fla. 3d DCA 2020).

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