STEVEN DENNIS MANINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1971-11-30
No. P-9
SPECTOR, C. J., and CARROLL, DONALD K., and WIGGINTON, JJ., concur.
254 So. 2d 862 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 4 cases
Topics
Assault With Intent To Kill Intent To Commit A Felony Breaking And Entering With Intent To Commit A Felony Felony Vs. Misdemeanor Classification

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was charged by information with the crimes of breaking and entering with intent to commit a felony, robbery, kidnapping, and assault with intent to kill. Upon a jury trial, he was found guilty as charged on each of the informa-tions except the last charge of assault with intent to kill. Said latter charge resulted in a verdict of guilty of assault and battery. We affirm all of the judgments of conviction except the last which we do not now consider since assault and battery is a misdemeanor. This court has no jurisdiction to consider appeals of misdemeanor convictions arising in the Criminal Court of Record of Duval County. Such misdemeanors are reviewable by the Circuit Court in and for Duval County.

Accordingly, we hold that the appeal of the conviction of assault and battery was improvidently lodged in this court and under the rules must be transferred to the Circuit Court in and for Duval County for review in that forum. See Christian v. State, 176 So.2d 561 (Fla.App.1965).

The judgments of conviction on each of the felony informations and verdicts set out above are affirmed.

SPECTOR, C. J., and CARROLL, DONALD K., and WIGGINTON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kanter v. State, 265 So. 2d 742 (Fla. 3d DCA 1972)
    …ction will be transferred to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. See: Merrill v. State, Fla.App.1969, 225 So. 2d 436; Coykendall v. State, Fla.App.1970, 230 So. 2d 702; Maninger v. State, Fla.App.1971, 254 So. 2d 862.…
  • Palladino v. State, 267 So. 2d 837 (Fla. 3d DCA 1972)
    …upon the conclusion of the appeal from the felony conviction, this record will be transferred to the circuit court. Merrill v. State, Fla.App. 1969, 225 So. 2d 436; Coykendall v. State, Fla.App. 1970, 230 So. 2d 702; Maninger v. State, Fla.App.1971, 254 So. 2d 862; Kanter v. State, Fla.App.1972, 265 So. 2d 742 [opinion filed August 29, 1972]. We find no abuse of discretion on the part of the trial judge in denying the motion for continuance; this is a discretionary matter. It is apparent that it was the defe…

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