Ramsey v. State, 456 So. 2d 973

Lead Opinion

PER CURIAM.

AFFIRMED on the authority of Fike v. State, 455 So.2d 628 (Fla. 5th DCA 1984).

ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur. COWART, J., dissents with opinion.

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Dissenting Opinion

COWART, Judge,

dissenting:

A criminal information must unequivocally allege the facts upon which the court’s jurisdiction is based. When the circuit court has jurisdiction over a felony charge and the county court has jurisdiction over a misdemeanor charge, an information dis-junctively alleging facts charging a felony or a misdemeanor is defective and legally insufficient to invoke the jurisdiction of either court. Young v. State, 439 So.2d 306 (Fla. 5th DCA 1983), and Nelson v. State, 398 So.2d 920 (Fla. 5th DCA 1981), are correct. See the dissent to Fike v. State, 455 So.2d 628 (Fla. 5th DCA 1984).

Case Details

Case Name: Ramsey v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 11, 1984

Citations: 456 So. 2d 973; 9 Fla. L. Weekly 2150; 1984 Fla. App. LEXIS 15392; No. 83-1001

Docket Number: No. 83-1001

Court Abbreviation: Fla. Dist. Ct. App.