State v. Neth

District Court of Appeal of Florida

State v. Neth

615 So. 2d 848, 1993 Fla. App. LEXIS 2996, 1993 WL 74947

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1993

DocketNo. 92-602

StatusPublished

Cited by1 cases

This text of 615 So. 2d 848 (State v. Neth) 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

State v. Neth, 615 So. 2d 848, 1993 Fla. App. LEXIS 2996, 1993 WL 74947 (Fla. Ct. App. 1993).

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Opinion

HARRIS, Judge.

Gary Charles Neth was charged with seven counts of withholding information from a physician under section 893.13(2)(a)(7), Florida Statutes. Although each such offense, singly, is a misdemean- or, section 893.13(2)(b) enhances the offense to a third degree felony “upon a second or subsequent violation.”

The State chose to file the charges in a single action in the circuit court alleging one misdemeanor count (the felony-qualifying count) and six third degree felonies. On motion, the trial court dismissed the action because it lacked jurisdiction to try the matter. We agree and affirm.

It is true that the legislature has given circuit courts the jurisdiction “[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged.” Section 26.012(2)(d), Florida Statutes. However, this contemplates that the charged felony will give the court jurisdiction and such jurisdiction will include associated misdemeanors. For example, a defendant charged with robbery can also be tried in the same action for a separate battery committed during the robbery or be found guilty of a lesser included misdemeanor justified under the charged felony.

In this case, there is no charged qualifying felony to support jurisdiction. The court must, in fact, first convict for a misdemeanor before its jurisdiction attaches. The legislature did not intend section 26.-012(2)(d) to confer jurisdiction in this situation.

AFFIRMED.

DAUKSCH and GRIFFIN, JJ., concur.

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HARRIS, Judge.

Gary Charles Neth was charged with seven counts of withholding information from a physician under section 893.13(2)(a)(7), Florida Statutes. Although each such offense, singly, is a misdemean- or, section 893.13(2)(b) enhances the offense to a third degree felony “upon a second or subsequent violation.”

The State chose to file the charges in a single action in the circuit court alleging one misdemeanor count (the felony-qualifying count) and six third degree felonies. On motion, the trial court dismissed the action because it lacked jurisdiction to try the matter. We agree and affirm.

It is true that the legislature has given circuit courts the jurisdiction “[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged.” Section 26.012(2)(d), Florida Statutes. However, this contemplates that the charged felony will give the court jurisdiction and such jurisdiction will include associated misdemeanors. For example, a defendant charged with robbery can also be tried in the same action for a separate battery committed during the robbery or be found guilty of a lesser included misdemeanor justified under the charged felony.

In this case, there is no charged qualifying felony to support jurisdiction. The court must, in fact, first convict for a misdemeanor before its jurisdiction attaches. The legislature did not intend section 26.-012(2)(d) to confer jurisdiction in this situation.

AFFIRMED.

DAUKSCH and GRIFFIN, JJ., concur.

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615 So. 2d 848, 1993 Fla. App. LEXIS 2996, 1993 WL 74947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-neth-fladistctapp-1993.

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