Franklin v. State

District Court of Appeal of Florida

Franklin v. State

243 So. 2d 440, 1971 Fla. App. LEXIS 5414

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1971

DocketNos. 70-530 and 70-586

StatusPublished

Cited by2 cases

This text of 243 So. 2d 440 (Franklin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Franklin v. State, 243 So. 2d 440, 1971 Fla. App. LEXIS 5414 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

Since these two cases grew out of the same set of facts and the same alleged offense, they have been consolidated for the purpose of this appeal.

It appears that this court lacks jurisdiction since the trial court was called upon and did pass upon the constitutionality of Section 800.01, Florida Statutes, F.S.A. Pursuant to Article V, Section 4(2), Florida Constitution, F.S.A., this case must be and is transferred to the Supreme Court of Florida.

PIERCE, C. J., and LILES and MANN, JJ., concur.

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PER CURIAM.

Since these two cases grew out of the same set of facts and the same alleged offense, they have been consolidated for the purpose of this appeal.

It appears that this court lacks jurisdiction since the trial court was called upon and did pass upon the constitutionality of Section 800.01, Florida Statutes, F.S.A. Pursuant to Article V, Section 4(2), Florida Constitution, F.S.A., this case must be and is transferred to the Supreme Court of Florida.

PIERCE, C. J., and LILES and MANN, JJ., concur.

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243 So. 2d 440, 1971 Fla. App. LEXIS 5414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-state-fladistctapp-1971.

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