Alphonso Finney v. State of Florida

PER CURIAM,

Alphonso Finney filed a petition for writ of prohibition seeking review of the order denying his motion to dismiss the amended information charging him with violating section 322.34(2)(c), Florida Statutes (2015). Finney contends that he is not subject to prosecution under that statute and that the highest offense he can be charged with is a misdemeanor over which the circuit court lacks jurisdiction. We agree and grant the petition.

Background

Finney was originally charged with violating section-322.34(5), 1 but the trial court granted Finney’s motion to dismiss that charge because…