ALVA GENE FRANKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; STEPHEN F. JOYCE, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1971-01-27
Nos. 70-530 and 70-586
PIERCE, C. J., and LILES and MANN, JJ., concur.
243 So. 2d 440 Florida District Court of Appeal, Second District (1971) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Since these two cases grew out of the same set of facts and the same alleged offense, they have been consolidated for the purpose of this appeal.

It appears that this court lacks jurisdiction since the trial court was called upon and did pass upon the constitutionality of Section 800.01, Florida Statutes, F.S.A. Pursuant to Article V, Section 4(2), Florida Constitution, F.S.A., this case must be and is transferred to the Supreme Court of Florida.

PIERCE, C. J., and LILES and MANN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alva Gene Franklin v. State, 257 So. 2d 21 (Fla. 1971)
    …PER CURIAM: We here consider these consolidated appeals transferred by the District Court of Appeal, Second District,1 243 So. 2d 440, because the trial judge passed upon and upheld the constitutionality of Fla.Stat. § 800.01, F.S.A., reading as follows: “Whoever commits the abominable and detestable crime against nature, either with mankind or with beast, shall be punished by im…
  • Town OF Palm Beach v. Palm Beach Local 1866 OF the Int'l Ass'n OF Fire Fighters, 272 So. 2d 223 (Fla. 4th DCA 1972)
    …sions of Florida Appellate Rules, it is ordered that said cause be transferred to said Supreme Court of Florida for consideration and determination. In re Estate of Daniel Emmitt Brown, Fla.App. 1959, 114 So. 2d 522; Franklin v. State, Fla.App.1971, 243 So. 2d 440. Counsel for the litigants have been duly advised and agree that jurisdiction is vested in the Supreme Court of Florida per Art. 5, 4(2), Florida Constitution (1968).…

Full citator, related cases, and AI research tools

Open in FLexlaw