Woods v. State

District Court of Appeal of Florida

Woods v. State

556 So. 2d 493, 1990 Fla. App. LEXIS 581, 1990 WL 7633

CourtDistrict Court of Appeal of Florida

DecidedFebruary 2, 1990

DocketNo. 89-1230

StatusPublished

Cited by3 cases

This text of 556 So. 2d 493 (Woods 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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Woods v. State, 556 So. 2d 493, 1990 Fla. App. LEXIS 581, 1990 WL 7633 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Milton Leroy Woods was charged by information with one count of possession of cocaine, a third degree felony, and one count of resisting arrest without violence, a first degree misdemeanor. The matter proceeded to non-jury trial at the outset of which the state announced a nolle prosequi of the first count because laboratory analysis had revealed the substance thought to be cocaine was not. At this point the circuit court was divested of jurisdiction of the surviving misdemeanor charge, and erred in proceeding with the trial over Woods’ objection. State v. Vazquez, 450 So.2d 203 (Fla.1984); see also Vazquez v. State, 427 So.2d 1125, 1127 (Fla. 5th DCA 1983) (J. Upchurch dissenting). Accordingly, Woods’ conviction and sentence on the charge of resisting an officer without violence are reversed.

REVERSED.

THOMPSON, ZEHMER and BARFIELD, JJ., concur.

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PER CURIAM.

Milton Leroy Woods was charged by information with one count of possession of cocaine, a third degree felony, and one count of resisting arrest without violence, a first degree misdemeanor. The matter proceeded to non-jury trial at the outset of which the state announced a nolle prosequi of the first count because laboratory analysis had revealed the substance thought to be cocaine was not. At this point the circuit court was divested of jurisdiction of the surviving misdemeanor charge, and erred in proceeding with the trial over Woods’ objection. State v. Vazquez, 450 So.2d 203 (Fla.1984); see also Vazquez v. State, 427 So.2d 1125, 1127 (Fla. 5th DCA 1983) (J. Upchurch dissenting). Accordingly, Woods’ conviction and sentence on the charge of resisting an officer without violence are reversed.

REVERSED.

THOMPSON, ZEHMER and BARFIELD, JJ., concur.

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556 So. 2d 493, 1990 Fla. App. LEXIS 581, 1990 WL 7633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-state-fladistctapp-1990.

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