SHORT v. STATE

No. 5D99-3292.

767 So.2d 575 (2000)

Timothy SHORT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 8, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

Because the record reflects that the trial court lacked jurisdiction to consider the issue below, we quash the judgment on appeal. We find that the judgment below was entered without jurisdiction and is a nullity.

Short was charged in the Circuit Court with robbery and simple battery. Because the court had jurisdiction of the felony, it also had jurisdiction of the associated misdemeanor. But prior to trial, the State announced that it could not...

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