C. C. SUTTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed an appeal for lack of jurisdiction, holding that it and the circuit courts do not have original or appellate jurisdiction over misdemeanors as defined by state statute.
No, the Supreme Court does not have appellate jurisdiction over misdemeanor cases, and the circuit court only has appellate jurisdiction, not original jurisdiction, over misdemeanors.
“The constitution confers upon the county court the “jurisdiction of all misdemeanors,” and upon the circuit court “ final appellate jurisdiction in all cases of misdemeanor.””
Establishes the constitutional jurisdiction of county and circuit courts regarding misdemeanors.
Previewing 1 of 4 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of a misdemeanor offense. The circuit court entertained and tried the case, and the appellant appealed to the Supreme Cour…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Misdemeanor Classification cases and more on FLexlaw
delivered the opinion of the court.
The constitution confers upon the county court the “jurisdiction of all misdemeanors,” and upon the circuit court “ final appellate jurisdiction in all cases of misdemeanor.” Art. VI, secs. 8 and 11. The Supreme Court has appellate *671jurisdiction “ in all questions of law alone, in all criminal cases in which the offence charged amounts to felony.” See. 5. By the statute, all offences punishable by imprisonment in tlie State penitentiary are felonies, arid all other crimes are misdemeanors.
It is clear, from the provisions referred to, that if the offence charged is only a misdemeanor, there is no original jurisdiction in the circuit courts; its jurisdiction is appellate only, and for the same reason, the Supreme Court has.no appellate jurisdiction; and notwithstanding that the circuit court may have inadvertently entertained and tried the case, (and it does not appear that any question of jurisdiction was raised,) this court has no power to apply a remedy in this form of proceeding.
If the party is held in actual custody, under a judgment which is void for want of jurisdiction of the subject matter in the court in which he was convicted, he may have another remedy.
The appeal in this case is dismissed for want of jurisdiction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Best v. State, 91 Fla. 481 (Fla. 1926)…he Supreme Court has no jurisdiction to review the judgment on writ of error, therefore the writ of error taken herein is dismissed. Licata v. State, 80 Fla. 554, 86 South. Rep. 427; Walden v. State, 50 Fla. 151, 39 South. Rep. 151; Sutton v. State, 13 Fla. 670. The writ of error is dismissed. [*485] Brown, C. J., and Ellis, Terrell and Strum, J. J., concur. Buford, J., disqualified.…
-
Kennedy v. State, 15 Fla. 635 (Fla. 1876)
-
Licata v. State, 80 Fla. 554 (Fla. 1920)…of conviction of misdemeanor in the Criminal Courts of Record. Where the record shows a want of appellate jurisdiction in this court, the writ of error will be dismissed sua sponte. Walden v. State, 50 Fla. 151, 39 South. Rep. 151; Sutton v. State, 13 Fla. 670. Counsel for plaintiff in error filed a brief on the merits of the case and the Attorney General for the State files a brief in which he “moves the court to dismiss the writ of error herein for want of juirisdiction.” In the cases of es parte Fran…