Stack v. State ex rel. LaFratta

• Decision Date: 12 December 1969
• Docket Number: No. 69--243,69--243
• Citation: Stack v. State ex rel. LaFratta, 230 So.2d 15 (Fla. App. 1969)
• Parties: Edward STACK, Appellant, v. STATE of Florida ex rel. Pat LaFRATTA and Tom Fury, Appellees.
• Court: Florida District Court of Appeals

Page 15

230 So.2d 15

Edward STACK, Appellant, v. STATE of Florida ex rel. Pat LaFRATTA and Tom Fury, Appellees.

No. 69--243.

District Court of Appeal of Florida, Fourth District.

Dec. 12, 1969.

Rehearings Denied Jan. 28, 1970.

Earl Faircloth, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellant.

Edward M. Kay, of Varon & Stahl, Hollywood, for appellees.

ADAMS, ALTO (Ret.), Associate Judge.

We have here an appeal by the State of Florida from a final judgment in habeas corpus discharging petitioners.

Petitioners were informed against in the Court of Record of Broward County upon an information reading:

'ANGELINE G. WEIR, County Solicitor for the Court of Record of Broward County, State of Florida, charges that PAT LaFRATTA and TOM FURY on the 25th day of June, A.D. 1968, in the County and State aforesaid, did then and there unlawfully and knowingly sell a motor vehicle, to-wit: a 1966 Ford Mustang on which the manufacturer's serial number has been destroyed, removed, covered, altered or defaced, contrary to f.S. 319.33.'

To this information petitioners plead not guilty. Prior to trial however a motion was made to withdraw the pleas of not guilty and allow a motion to dismiss for the reason that the information was void and not sufficient to vest the court with jurisdiction. This motion was denied.

A trial was had before a jury and a verdict of guilty as charged was returned. On the 29th of March 1969 sentence of five years in the state prison and $5,000.00 fine was pronounced. To this sentence no attack was made in the trial court by way of motion for new trial, appeal or otherwise.

On April 1, 1969, petitions of habeas corpus were filed in the Circuit Court of Broward County, upon the concept that the informations were void, and hence the petitioners were entitled to be discharged.

The circuit judge agreed, discharged petitioners and the state has appealed.

We quoted the information above. The statute, F.S. Section 319.33, F.S.A. reads:

'319.33 Alteration or forgery; procuring or passing certificate covering stolen vehicle; serial numbers; false or fictitious name or address.--Whoever alters or forges any certificate of title to a motor vehicle, or any assignment thereof or any cancellation of any liens on a motor vehicle; or whoever holds or uses such certificate or assignment or cancellation knowing the same to have been altered or forged; or whoever procures or attempts to procure a certificate of title to a motor vehicle, or passes or attempts to pass a certificate of title or any assignment thereof to a motor vehicle, knowing or having reason to believe that such motor vehicle has been stolen; or whoever sells or offers for sale in this state a motor vehicle on which the motor number or manufacturer's serial number has been destroyed, removed, covered, altered or defaced with knowledge of such destruction, removal, covering, alteration or defacement of said motor number or manufacturer's serial number; or whoever uses a false or fictitious name or gives a false or fictitious address or makes any false statement in any application or affidavit required under the provisions of this law, or in a bill of sale or sworn statement of ownership or otherwise commits a fraud in any application shall upon conviction thereof be punished by imprisonment in the state penitentiary not exceeding five years, or by fine not exceeding five thousand dollars or both, in...