Ramsey v. State

Full title: CHARLES MICHAEL RAMSEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 11, 1984

456 So. 2d 973 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1001.

October 11, 1984.

Appeal from Circuit Court, Seminole County, Dominick J. Salfi, Judge.

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED on the authority of Fike v. State, 455 So.2d 628 (Fla. 5th DCA 1984).

ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting:

A criminal information must unequivocally allege the facts upon which the court's jurisdiction is based. When the circuit court has jurisdiction over a felony charge and the county court has jurisdiction over a misdemeanor charge, an information disjunctively alleging facts charging a felony or a misdemeanor is defective and legally insufficient to invoke the jurisdiction of either court. Young v. State, 439 So.2d 306 (Fla. 5th DCA 1983), and Nelson v. State, 398 So.2d 920 (Fla. 5th DCA 1981), are correct. See the dissent to Fike v. State, 455 So.2d 628 (Fla. 5th DCA 1984).