Jenkins v. State
| Decision Date | 05 May 1993 |
| Docket Number | No. 92-2732,92-2732 |
| Citation | 617 So.2d 836 |
| Parties | 18 Fla. L. Week. D1150 Jessie JENKINS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.
Jessie Jenkins appeals from a judgment of guilty of petit theft and sentence of one year in prison.
We hold that it was fundamental error mandating reversal for the trial court to adjudicate and sentence Jenkins for a first degree misdemeanor theft when the State failed to allege the element making that theft a first degree misdemeanor. See Clay v. State, 595 So.2d 1052 (Fla. 4th DCA 1992); Hauss v. State, 592 So.2d 783 (Fla. 4th DCA 1992); Meenaghan v. State, 601 So.2d 307 (Fla. 4th DCA 1992).
We reverse and remand for further proceedings consistent herewith.
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Lewellen v. State
...the state must put the defendant on notice in the charging document. See Young v. State, 641 So.2d 401 (Fla.1994); Jenkins v. State, 617 So.2d 836 (Fla. 4th DCA 1993). Accordingly, we hold it was fundamental error to classify Lewellen's petit theft conviction as a first degree Although our ......
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Harris v. State, 96-2805
...first-degree misdemeanor. See § 812.014(3)(b), Fla. Stat. (1995); Lewellen v. State, 682 So.2d 186 (Fla. 2d DCA 1996); Jenkins v. State, 617 So.2d 836 (Fla. 4th DCA 1993). The trial court is directed to correct the judgment Two, the order of probation incorrectly contains several special co......
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Gamble v. State, 95-1364
...of justice, since it resulted in his being convicted and sentenced for an offense more serious than charged. In Jenkins v. State, 617 So.2d 836 (Fla. 4th DCA 1993), we held that it was fundamental error mandating reversal for the court to adjudicate and sentence a defendant for a first-degr......
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Simeon v. State, 4D99-3489.
...failed to contain an allegation of prior theft. The error is fundamental, and can be raised at any time. See Jenkins v. State, 617 So.2d 836 (Fla. 4th DCA 1993). Accordingly, we affirm appellant's convictions for petit theft and resisting an officer without violence. We reverse appellant's ......