Schweigel v. State

District Court of Appeal of Florida

Schweigel v. State

382 So. 2d 868, 1980 Fla. App. LEXIS 16005

District Court of Appeal of Florida·Decided April 23, 1980·No. Nos. 78-2109/T4-227, 78-2245/T4-227A·Published·Cited by 1 cases

Opinion

DAUKSCH, Chief Judge.

Appellant asks us to decide the question of whether the charge of grand theft¹ includes the charge of filing a false and fraudulent claim² as a lesser included offense under the facts of this case.³ We are prepared to answer that question but cannot because the question was never presented to the trial court for its ruling. For us to rule upon a question not presented to the trial judge would be unfair to that judge and against the ruling in State v. Barber, 301 So.2d 7 (Fla.1974).

AFFIRMED.

SHARP, J., and SHARP, G. K., Associate Judge, concur.

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DAUKSCH, Chief Judge.

Appellant asks us to decide the question of whether the charge of grand theft¹ includes the charge of filing a false and fraudulent claim² as a lesser included offense under the facts of this case.³ We are prepared to answer that question but cannot because the question was never presented to the trial court for its ruling. For us to rule upon a question not presented to the trial judge would be unfair to that judge and against the ruling in State v. Barber, 301 So.2d 7 (Fla.1974).

AFFIRMED.

SHARP, J., and SHARP, G. K., Associate Judge, concur.

Schweigel v. State, 382 So. 2d 868, 1980 Fla. App. LEXIS 16005 (Fla. Ct. App. 1980).

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Opinion

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