FRANKLIN v. STATE

Nos. 70-530 and 70-586.

243 So.2d 440 (1971)

Alva Gene FRANKLIN, Appellant, v. STATE of Florida, Appellee. Stephen F. JOYCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1971.


Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and P.A. Pacyna, Asst. Atty. Gen., Lakeland, for appellee.


PER CURIAM.

Since these two cases grew out of the same set of facts and the same alleged offense, they have been consolidated for the purpose of this appeal.

It appears that this court lacks jurisdiction since the trial court was called upon and did pass upon the constitutionality of Section 800.01, Florida Statutes, F.S.A. Pursuant to Article V, Section 4(2), Florida Constitution, F.S.A., this case must be and is transferred to the Supreme Court of Florida...

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