Legal Opinion

Mallard v. State

District Court of Appeal of Florida

Decided September 24, 1997No. 96-1384PublishedCited by 1 opinion

1Opinion of the Court

STEVENSON, Judge.

Appellant, Walter Mallard, appeals his convictions for grand theft and fleeing a police officer. We affirm the grand theft conviction, but reverse the conviction for fleeing a police officer since, in the absence of a formal charging document relating to the fleeing offense, the trial court was without subject matter jurisdiction to try appellant on that charge.

Appellant was arrested for a host of offenses all stemming from his attempted flight from police in a stolen vehicle. A two-count information was subsequently filed charging appellant with grand theft of a motor…

2Cases cited2 opinions

  1. State v. AndersonSupreme Court of Florida · 1989
  2. Caves v. StateDistrict Court of Appeal of Florida · 1974

3Cited by1 opinion

  1. Deel v. StateDistrict Court of Appeal of Florida · 1999

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