Donald v. State

District Court of Appeal of Florida

Decided November 21, 1983

District Court of Appeal of Florida · decided 1983-11-21

Cited by 4 later decisions — most recently June 1985

4 state decisions

Key passage — most relied on by later courts

“Is a circuit court deprived of subject-matter jurisdiction when the caption of the charging document charges the defendant[s] with felony petit theft and the body thereof cites the proper Florida Statute, § 812.014(2)(c), but the text of the charge alleges the value of the property to be less than $100 and does not specify the substantive elements of two prior petit theft convictions?”

quoted by 2 later decisions, including 456 So. 2d 1244 - El-Ra-Sul v. State, O'Neal v. State

Applies FL 812 § 812.014

Relies on 438 So. 2d 886 - Phillips v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-21

View the full empirical analysis of this case →

PER CURIAM.

¶1REVERSED. Phillips v. State, 438 So.2d 886 (Fla. 1st DCA 1983). Pursuant to Fla.R.App.P. 9.030(a)(2)(A)(v), we certify to the Florida Supreme Court the following question as one of great public importance:

Is a circuit court deprived of subject-matter jurisdiction when the caption of the charging document charges the defendants] with felony petit theft and the body thereof cites the proper Florida Statute, § 812.014(2)(c), but the text of the charge alleges the value of the property to be less than $100 and does not specify the substantive elements of two prior petit theft convictions?

ERVIN, C.J., and BOOTH and THOMPSON, JJ., concur.