Legal Opinion

Short v. State

District Court of Appeal of Florida

Decided September 8, 2000No. 5D99-3292PublishedCited by 1 opinion

1Opinion of the CourtHarris, J.

Because the record reflects that the trial court lacked jurisdiction to consider the issue below, we quash the judgment on appeal. We find that the judgment below was entered without jurisdiction and is a nullity.

Short was charged in the Circuit Court with robbery and simple battery. Because the court had jurisdiction of the felony, it also had jurisdiction of the associated misdemeanor. But prior to trial, the State announced that it could not go forward with the felony but wished to proceed with simple battery and petit theft.

The defense argued that it would be different charges from those…

2Cited by1 opinion

  1. Pinkard v. StateDistrict Court of Appeal of Florida · 2003

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