State v. McDaniel
State v. McDaniel
Opinion of the Court
The state appeals a trial court order dismissing an information filed against the defendant, Tyrone E. McDaniel, on the ground that the court lacked subject matter jurisdiction. We reverse.
The state filed a two count information charging the defendant with possession of cannabis with intent to sell in violation of section 893.13(1)(a)2, Florida Statutes (1985) and with possession of cannabis in violation of section 893.13(1)(f), Florida Statutes (1985). Neither count of the information specified the amount of cannabis involved and did not specifically mention consideration. The defendant, relying on State v. Johnson, 354 So.2d 902 (Fla. 1st DCA 1978), and Franklin v. State, 346 So.2d 137 (Fla. 1st DCA 1977), filed a motion to dismiss the information on the ground that the trial court lacked subject matter jurisdiction because the information did not allege a felony. Although the trial judge disagreed with the holdings in Johnson and Franklin, he felt that he was bound by them and, accordingly, granted the motion to dismiss. This timely appeal followed.
We, therefore, reverse the trial court’s order dismissing the information and remand with directions to reinstate the information.
Reversed and remanded.
Reference
- Full Case Name
- STATE of Florida v. Tyrone E. McDANIEL
- Cited By
- 2 cases
- Status
- Published