Franklin v. State, s. 70--530 and 70--586
| Decision Date | 27 January 1971 |
| Docket Number | Nos. 70--530 and 70--586,s. 70--530 and 70--586 |
| Citation | 243 So.2d 440 |
| Parties | Alva Gene FRANKLIN, Appellant, v. STATE of Florida, Appellee. Stephen F. JOYCE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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.
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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Franklin v. State
...for appellee. PER CURIAM: We here consider these consolidated appeals transferred by the District Court of Appeal, Second District, 1 243 So.2d 440, because the trial judge passed upon and upheld the constitutionality of Fla.Stat. § 800.01, F.S.A., reading as 'Whoever commits the abominable......
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Town of Palm Beach v. Palm Beach Local 1866 of the International Association of Fire Fighters, 72-451
...Court of Florida for consideration and determination. In re Estate of Daniel Emmitt Brown, Fla.App.1959, 114 So.2d 522; Franklin v. State, Fla.App.1971, 243 So.2d 440. Counsel for the litigants have been duly advised and agree that jurisdiction is vested in the Supreme Court of Florida per ......