Schweigel v. State

District Court of Appeal of Florida

Schweigel v. State

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

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1980

DocketNos. 78-2109/T4-227, 78-2245/T4-227A

StatusPublished

Cited by1 cases

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

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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.

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382 So. 2d 868, 1980 Fla. App. LEXIS 16005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schweigel-v-state-fladistctapp-1980.

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