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Nelson v. StateNelson v. State

District Court of Appeal of Florida
May 6, 1981
80-482
Versions:398 So. 2d 920

PER CURIAM.

Nelson was charged by information with willfully or carelessly burning a field in violation of section 590.08, Florida Statutes (1979). A willful violation of section 590.08 constitutes a felony, while a careless violation constitutes a misdemeanor. § 590.14(1) & (2), Fla. Stat. (1979). Because the information was insufficient to charge a felony it did not confer jurisdiction on the circuit court. Rogers v. State, 336 So.2d 1233 (Fla. 4th DCA 1976); Pope v. State, 268 So.2d 173 (Fla. 2d DCA 1972). We reverse the judgment and sentence because they are void.

REVERSED.

COBB, SHARP and COWART, JJ., concur.

Case Details

Case Name: Nelson v. State
Court Name: District Court of Appeal of Florida
Date Published: May 6, 1981
Citations: 398 So. 2d 920; 80-482
Docket Number: 80-482
Court Abbreviation: Fla. Dist. Ct. App.
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