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PHILLIPS v. STATE

No. AO-323.

438 So.2d 886 (1983)

Irene Yvonne PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 28, 1983.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Gwendolyn Spivey, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.

ROBERT P. SMITH, Jr., Judge.

By supplemental brief raising the question for the first time here or in the circuit court, Phillips urges that the charge on which she was tried and convicted after jury trial, labeled "FELONY PETIT THEFT" in the caption of the information, was not alleged in the body of that instrument in such a way as to invoke the felony jurisdiction of the circuit court. Phillips therefore urges that the circuit court lacked jurisdiction of the charge...

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