Legal Opinion

Hawkins v. State

District Court of Appeal of Florida

Decided May 10, 1991No. 89-01888Published

1Opinion of the Court

RYDER, Judge.

Appellant, Joe L. Hawkins (Hawkins), challenges the judgment adjudicating him guilty of possession of drug paraphernalia. Hawkins raises three issues, and our determination that the trial court lacked jurisdiction to try the ease renders the other two issues moot.

The information originally charged Hawkins with a felony (possession of cocaine) and a misdemeanor (possession of drug paraphernalia), which vested jurisdiction in the circuit court. Thereafter, the court granted Hawkins’ motion to dismiss the felony count. At this point, the circuit court no longer had jurisdiction over…

2Cases cited2 opinions

  1. State v. VazquezSupreme Court of Florida · 1984
  2. Woods v. StateDistrict Court of Appeal of Florida · 1990

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