State v. Febre
| Court | United States State Supreme Court of Florida |
| Citation | 23 So.2d 270,156 Fla. 149 |
| Decision Date | 21 September 1945 |
| Parties | STATE v. FEBRE. |
23 So.2d 270
156 Fla. 149
STATE
v.
FEBRE.
Florida Supreme Court
September 21, 1945
Rehearing Denied Oct. 11, 1945.
Appeal from Criminal Court of Record, Hillsborough County; L. A. Grayson, Judge. [23 So.2d 271]
Luther W. Cobbey, Co. Sol., and Paul Game, Asst. Co. Sol., both of Tampa, for appellant.
Wm. C. Pierce, of Tampa, for appellee.
CHAPMAN, Chief Justice.
An information charging assault with intent to commit murder in the first degree was filed against Edmundo Febre by the County Solicitor of Hillsborough County, Florida, and upon arraignment thereto in the Criminal Court of Record he entered a plea of nolo contendere. The Honorable L. A. Grayson, Judge, thereupon heard testimony and entered a judgment of conviction of the crime of aggravated assault and sentenced Febre to serve one year at hard labor in the County Jail of Hillsborough County, Florida.
The sentence was entered May 28, 1945, and a motion for a new trial filed on June 1, 1945, and overruled by the trial court on June 11, 1945. Counsel for Febre filed notice of appeal to the Circuit Court of Hillsborough County, Florida, on June 11, 1945, from the aforesaid judgment. On June 29, 1945, the State of Florida filed its notice of appeal from the sentence imposed to the Supreme Court of Florida and has lodged here a transcript of the record and copy of proceedings had in the lower court.
Counsel for Edmundo Febre moved this court to dismiss the appeal taken by the State of Florida in the case at bar and several reasons are submitted therefor. While other grounds of the motion to dismiss may have merit, we deem it necessary only to consider ground No. 2, which is, viz.:
'The transcript of record filed in this Court shows on its face that appellee was adjudged guilty by the trial court of a misdemeanor, to-wit, aggravated assault, and was given a legal sentence therefor within the statute, to-wit, twelve months imprisonment in the County jail of Hillsborough County, Florida; that therefore the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, has final appellate jurisdiction of said conviction and the same cannot be reviewed on direct appeal to this Court. See Art. V, Sec. 5, Constitution of Florida; Sec. 287, Criminal Procedure Act, [F.S.A § 924.08]; Byrd v. State, 146 Fla. 686, 1 So.2d 624.'
The crime of assault with intent to commit murder in the first degree, as charged in the information, embraced lesser...
To continue reading
Request your trial
-
Peel v. State, No. 3093
...that he did not intend to plead guilty,' but is innocent. The motion was denied. This was harmful error.' In the case of State v. Febre, 156 Fla. 149, 23 So.2d 270, the defendant Febre was charged with assault with intent to commit murder in the first degree and was convicted by the crimina......
-
Brown v. State, No. 2481
...General Laws), the crime could only have been classified as a misdemeanor. In like manner we think the case of State v. Febre, 1945, 156 Fla. 149, 23 So.2d 270, originally relied on by us, can be reconciled with the position we now take. To summarize, it is our view that breaking and enteri......
-
Vinson v. State, No. 48476
...of the trial court which discharged the defendant. We have tentative jurisdiction because of apparent conflict with State v. Febre, 156 Fla. 149, 23 So.2d 270 Petitioner Vinson, defendant at the trial level and a physician, was charged with unlawful delivery of a controlled substance as pro......
-
Chesebrough v. State, No. 41254
...does not estop the Page 677 defendant to plead and prove innocence in a civil suit. See 6 F.L.P., Criminal Law, § 305; State v. Febre, 156 Fla. 149, 23 So.2d 270 A plea of nolo contendere admits all the facts which are well pleaded and waives all formal defects in the proceeding of which th......
-
Peel v. State, No. 3093
...that he did not intend to plead guilty,' but is innocent. The motion was denied. This was harmful error.' In the case of State v. Febre, 156 Fla. 149, 23 So.2d 270, the defendant Febre was charged with assault with intent to commit murder in the first degree and was convicted by the crimina......
-
Brown v. State, No. 2481
...General Laws), the crime could only have been classified as a misdemeanor. In like manner we think the case of State v. Febre, 1945, 156 Fla. 149, 23 So.2d 270, originally relied on by us, can be reconciled with the position we now take. To summarize, it is our view that breaking and enteri......
-
Vinson v. State, No. 48476
...of the trial court which discharged the defendant. We have tentative jurisdiction because of apparent conflict with State v. Febre, 156 Fla. 149, 23 So.2d 270 Petitioner Vinson, defendant at the trial level and a physician, was charged with unlawful delivery of a controlled substance as pro......
-
Chesebrough v. State, No. 41254
...does not estop the Page 677 defendant to plead and prove innocence in a civil suit. See 6 F.L.P., Criminal Law, § 305; State v. Febre, 156 Fla. 149, 23 So.2d 270 A plea of nolo contendere admits all the facts which are well pleaded and waives all formal defects in the proceeding of which th......