JOSEPH JAMES SPINA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a conviction for operating a gambling room but declined to review a conviction for bookmaking, as the latter was a misdemeanor not within its appellate jurisdiction. The case was transferred to the appropriate circuit court for review of the misdemeanor conviction.
The court found no reversible error regarding the conviction for operating a gambling room (count 1). The court did not rule on the merits of the bookmaking conviction (count 2) because it was a misdemeanor, which is not subject to appellate review by this court.
“We have carefully examined the record in the light of these contentions and find no reversible error as to count 1, but make no decision on the merits of the appeal relative to count 2.”
Establishes the court's decision on each count of the information.
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Join FLexlaw to unlock all legal intelligenceAppellant was charged with operating a gambling room and bookmaking. He was convicted on both counts after a bench trial. He appealed the judgment of …
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Appellant was charged in a two count information with the offenses of operating a gambling room and bookmaking. He was tried without a jury and found guilty as charged. This appeal is from the judgment of conviction and sentence of one year in the county jail.
Appellant seeks reversal on the grounds that the judgment is contrary to the law and the evidence; that appellant was arrested illegally; that a search warrant was improperly executed; and that the state failed to elect between repugnant counts in the information.
We have carefully examined the record in the light of these contentions and find no reversible error as to count 1, but make no decision on the merits of the appeal relative to count 2.
*809We are not considering the merits of the appellant’s appeal as to his conviction under count 2 of the information inasmuch as the offense charged under this count is a misdemeanor and not subject to appellate review by this court. Article V, §§ 5 and 6 of the Constitution of the State of Florida, F.S.A. provides that misdemeanor convictions from the criminal court of record are reviewable by the circuit court. Christian v. State, Fla.App.1965, 176 So.2d 561.
This appeal insofar as it is concerned with the misdemeanor conviction is transferred to the Circuit Court of Dade County by separate order.1
Finding no reversible error the judgment of conviction as to count 1 is affirmed.
Affirmed.
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Fitzgerald v. State, 227 So. 2d 45 (Fla. 3d DCA 1969)…ndant had just finished serving a prison sentence for the same type of crime. For the foregoing reasons we reverse the breaking and entering judgment and remand the cause for a new trial. Reversed and remanded. . See Spina v. State, Fla.App.1966, 186 So. 2d 808.…
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Robinson v. State, 256 So. 2d 29 (Fla. 3d DCA 1971)…the conclusion of this proceeding, the cause will be transferred to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, to consider the appeal from the misdemeanor conviction pursuant to Spina v. State, Fla.App.1966, 186 So. 2d 808; Newbold v. State, Fla.App.1969, 229 So. 2d 876; Byrd v. State, Fla.App.1971, 242 So. 2d 726.…
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Newbold v. State, 229 So. 2d 876 (Fla. 3d DCA 1969)…er in this court, same will be referred to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, as the proper forum to review this matter. Christian v. State, Fla.App.1965, 176 So. 2d 561; Spina v. State, Fla.App.1966, 186 So. 2d 808; Rule 2.1(a) (5) (d), Florida Appellate Rules, 32 F.S.A. Therefore, for the reasons above stated, the felony conviction and sentence here under review, be and the same is hereby affirmed. Review of the misdemeanor conviction is transferred to the C…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Christian v. State, 176 So. 2d 561 (Fla. 3d DCA 1965)