MARK JAY BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the conviction must be reversed because the cause was erroneously transferred to the Circuit Court instead of the County Court.
Appellant was charged with an attempt to commit a felony, which was a misdemeanor. The case was erroneously transferred to the Circuit Court instead o…
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PER CURIAM.
The appellant was charged in the Criminal Court of Record in and for Dade County with an attempt to commit a felony in the third degree. The attempt was a misdemeanor. See Fla.Stat. § 776.04(3), F.S.A. Upon the reorganization of the criminal court system pursuant to Fla. Const. Art. V, F.S.A., the cause erroneously was transferred to the Circuit Court of the Eleventh Judicial Circuit instead of to the County Court. See Fla.Const. Art. V, § 20(c)(4); Fla.Stat. § 34.01(1), F.S.A. Florida Transition Rule 4(2). Appellant was tried and found guilty. On motion for new trial, the question of lack of jurisdiction was presented but the motion was denied. This appeal followed.
The State, in its brief, has confessed its inability to support the action of the trial judge. We have examined the applicable provisions of the law and find that appellant’s conviction must be reversed upon authority of Boley v. State, Fla.App.1973, 273 So. 2d 109.
Therefore, the judgment is reversed and the cause is remanded with instructions to quash the information and to allow the State to amend or refile the information in the appropriate court depending on what it wishes to allege. See Pope v. State, Fla.App.1972, 268 So. 2d 173.
Reversed and remanded.
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Citator
Cited By
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Harrell v. State, 721 So. 2d 1185 (Fla. 5th DCA 1998)…5th DCA 1991); Zanger v. State, 548 So. 2d 746, 748 (Fla. 4th DCA 1989); Young v. State, 439 So. 2d 306, 308 (Fla. 5th DCA 1983); Brehm v. State, 427 So. 2d 825 (Fla. 3d DCA 1983); Solomon v. State, 341 So. 2d 537 (Fla. 2d DCA 1977); Brown v. State, 284 So. 2d 400 (Fla. 3d DCA 1973); Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972). Further, lack of jurisdiction can be raised at any time. C.W. v. State, 637 So. 2d 28, 29 (Fla. 2d DCA 1994); Booker v. State, 497 So. 2d 957 (Fla. 1st DCA 1986); Page v. State,…
Authorities Cited
- Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972)
- Boley v. State, 273 So. 2d 109 (Fla. 4th DCA 1973)