Barlow v. State

NORTHCUTT, Judge.

Richard Barlow was tried in circuit court on one felony charge and two misdemeanor charges. The jury acquitted him of one misdemeanor but convicted him on the other two counts. We agree with Barlow’s assertion that the circuit court did not have subject matter jurisdiction over the misdemeanor charges. Therefore we vacate his conviction for obstructing a law enforcement officer. See White v. State, 568 So.2d 1318 (Fla. 2d DCA 1990). We affirm on Barlow’s other points and will not discuss them further.

The evidence at Barlow’s trial reflected that he engaged in two separate…