O'Neal v. State

444 So. 2d 1142, 1984 Fla. App. LEXIS 11687
CourtDistrict Court of Appeal of Florida
DecidedFebruary 8, 1984
DocketNo. AT-179
StatusPublished
Cited by1 cases

This text of 444 So. 2d 1142 (O'Neal 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.

Bluebook
O'Neal v. State, 444 So. 2d 1142, 1984 Fla. App. LEXIS 11687 (Fla. Ct. App. 1984).

Opinion

PER CURIAM.

REVERSED. Donald v. State, 442 So.2d 271 (Fla. 1st DCA, 1983); Phillips v. State, 438 So.2d 886 (Fla. 1st DCA 1983). Pursuant to Fla.R.App.P. 9.030(a)(2)(A)(v), we certify to the Florida Supreme Court the following question as one of great public importance:

Is a circuit court deprived of subject-matter jurisdiction when the caption of the charging document charges the defendant[s] with felony petit theft and the body thereof cites the proper Florida Statute, § 812.014(2)(c), but the text of the charge alleges the value of the property to be less than $100 and does not specify the substantive elements of two prior petit theft convictions?
ERVIN, C.J., and LARRY G. SMITH and SHIVERS, JJ., concur.

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Related

El-Ra-Sul v. State
456 So. 2d 1244 (District Court of Appeal of Florida, 1984)

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Bluebook (online)
444 So. 2d 1142, 1984 Fla. App. LEXIS 11687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-state-fladistctapp-1984.