Nelson v. State

Malcolm NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 6, 1981.

Rehearing Denied May 27, 1981.

District Court of Appeal of Florida · decided 1981-05-06

Cited by 6 later decisions — most recently November 1984

6 state decisions

Relies on 268 So. 2d 173 - Pope v. State · Rogers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-05-06

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¶1 *921 Edwin R. Ivy, Winter Garden, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3PER CURIAM.

¶4Nelson was charged by information with willfully or carelessly burning a field in violation of section 590.08, Florida Statutes (1979). A willful violation of section 590.08 constitutes a felony, while a careless violation constitutes a misdemeanor. § 590.14(1) & (2), Fla. Stat. (1979). Because the information was insufficient to charge a felony it did not confer jurisdiction on the circuit court. Rogers v. State,336 So.2d 1233 (Fla. 4th DCA 1976); Pope v. State,268 So.2d 173 (Fla. 2d DCA 1972). We reverse the judgment and sentence because they are void.

¶5REVERSED.

¶6COBB, SHARP and COWART, JJ., concur.