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591 So. 2d 1136

Judd v. State

District Court of Appeal of Florida

Decided January 8, 1992

District Court of Appeal of Florida · decided 1992-01-08

Cited by 1 later decisions — most recently September 1992

1 state decisions

Relies on 575 So. 2d 1262 - State v. Rodriguez

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-08

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STONE, Judge.

¶1We reverse appellant’s conviction and sentence for felony DUI. See State v. Rodriguez, 575 So.2d 1262 (Fla.1991).

¶2The information charged appellant with driving under the influence, “to the extent that his normal faculties were impaired, in violation of Florida Statute 316.193(l)(a).” Nothing in the information places the defendant on notice that the charge is punishable under section 316.193(2)(b) as a felony rather than as a misdemeanor DUI, other than the state bringing the charge in the circuit court. There was no additional indication in the information that the charge was a felony, such as any statement to that effect, any reference to the felony sentencing section of the statute, or any reference to defendant’s prior convictions.

¶3Notwithstanding appellant’s plea of no contest to a felony sentence, this jurisdictional issue may be raised on appeal. An information must unambiguously charge a felony to invoke circuit court jurisdiction. State v. Rodriguez, 575 So.2d at 1263.

¶4Therefore, appellant’s conviction on count I is reversed and remanded for further proceedings.

GUNTHER, J., and WALDEN, JAMES H., Senior Judge, concur.
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