Legal Opinion

Levingston v. State

District Court of Appeal of Florida

Decided August 31, 2004No. 1D03-5295Published

1Per curiam

The appellant in this direct criminal appeal challenges her conviction of introducing contraband into a correctional facility following her plea of nolo contendere to that offense. Because the plea, judgment, and sentence were entered before the information charging the offense was prepared or filed, we vacate the conviction and sentence and remand this case to the trial court. Chapman v. Stubbs, 109 Fla. 192, 147 So. 227 (1933) (“Undoubtedly a judgment of conviction, prior to the finding of any indictment against the accused, would be, as contended by the petitioner, absolutely void, because…

2Cases cited3 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1995
  2. Chapman v. StubbsSupreme Court of Florida · 1933
  3. L.L.H. v. StateDistrict Court of Appeal of Florida · 2004

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