ROBERT DALE WOODS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief where the defendant challenged jurisdiction based on a misdemeanor-versus-felony classification, holding that passing a forged check with intent to defraud constitutes a felony under Florida law.
Passing a forged bank check with intent to defraud constitutes a felony, not a misdemeanor, and the trial court properly denied post-conviction relief challenging its jurisdiction.
[1] Passing a forged bank check with intent to defraud constitutes a felony rather than a misdemeanor under Florida law.
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Join FLexlaw to unlock all legal intelligenceWoods pleaded guilty to passing a forged bank check with intent to defraud in Sarasota County Circuit Court and was sentenced to state prison. He late…
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Appellant Robert Dale Woods appeals to this Court from an order denying without evidentiary hearing his motion filed under Cr.PR 1.850, 33 F.S.A., to vacate the conviction and sentence previously imposed.
On August 15, 1969, information was filed in the Sarasota County Circuit Court charging Woods with passing a forged bank check with intent to defraud. Upon voluntary plea of guilty in open Court, Woods was adjudged guilty and sentenced to a term in the State Prison.
Thereafter, on February 10, 1970, Woods filed his motion in the trial Court for relief under CrPR 1.850 on the ground that the offense charged against him and of which he was adjudged to be guilty and sentenced accordingly was a misdemeanor rather than a felony and therefore the Circuit Court was without jurisdiction, citing the dissenting opinion of Judge McCain of the 4th District Court in Brown v. State, Fla.App.1970, 232 So.2d 55, 58. But the Supreme Court of Florida, upon further review of that case, Brown v. State, Fla.1970, 237 So.2d 129, specifically held contrary to Judge McCain’s opinion. The rationale of the Supreme Court’s opinion holds that an information charging an offense essentially as charged in the instant case states a felony. We have followed this ruling in similar cases brought to this Court on appeal since the high Court’s holding in Brown. See Rogers v. State, Fla.App., 239 So.2d 118, opinion filed September 11, 1970. The trial Court’s order denying post-conviction relief in the instant case was eminently correct and the appeal is therefore
Affirmed.
LILES, A. C. J., and MANN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kinder v. State, 240 So. 2d 162 (Fla. 2d DCA 1970)…apply the Supreme Court’s ruling in cases brought to this Court on appeal since the high Court’s opinion in Brown was released. See Rogers v. State, Fla.App., 239 So. 2d 118, opinion filed September 11, 1970, not yet published; also Woods v. State, 239 So. 2d 853, this day decided by this Court. The order appealed from is thereupon'— Affirmed. HOBSON, C. J., and McNULTY, J., concur.…
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Duncan v. State, 240 So. 2d 324 (Fla. 2d DCA 1970)…lant Eddie Duncan, Jr., the effort must again prove fruitless, upon authority of the Supreme Court’s opinion in Brown v. State, Fla.1970, 237 So. 2d 129. See also this 2nd District Court’s opinions in Rogers v. State, 239 So. 2d 118; Woods v. State, 239 So. 2d 853; and Kinder v. State, 240 So. 2d 162. The lower Court’s order in the instant case, denying Duncan’s post-conviction motion for relief, must be and is— Affirmed. HOBSON, C. J., and McNULTY, J., concur.…
Authorities Cited
- Calloway Brown v. State, 232 So. 2d 55 (Fla. 4th DCA 1970)
- Calloway Brown v. State, 237 So. 2d 129 (Fla. 1970)
- Rogers v. State, 239 So. 2d 118 (Fla. 2d DCA 1970)