Lipke v. Cowart

DREW, Acting Chief Justice.

We are requested to review a decision of the District Court of Appeal, Fourth District,1 because of an asserted conflict with an earlier decision of this Court in Adams v. Elliott,2 wherein this Court stated:

“Where a crime may be punished as a misdemeanor or as a felony, all doubts will be resolved in the defendant’s favor and the crime will be considered a misdemeanor only.”

In the recent case of Brown v. State 3 we approved and adopted the opinion of the same Fourth District Court of Appeal, which opinion is consistent with the holding of the district court in this…