Oladipupo v. State, 574 So. 2d 301 (Fla. 5th DCA 1991). · Go Syfert
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Oladipupo v. State, 574 So. 2d 301 (Fla. 5th DCA 1991). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Commodities Future Trading Commission v. Wall Street Underground, Inc. (ksd, 2004-01-23)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "see" Commodities Future Trading Commission v. Wall Street Underground, Inc.
D. Kan. · 2004 · signal: see · confidence high
See Oladipupo v. State, 574 So.2d 301, 302 (Fla.Dist.Ct.App.1991). .
discussed Cited "see" Harrell v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Oladipupo v. State, 574 So.2d 301, 302 (Fla. 5th DCA 1991); Zanger v. State, 548 So.2d 746, 748 (Fla. 4th DCA 1989); Young v. State, 439 So.2d 306, 308 (Fla. 5th DCA 1983); Brehm v. State, 427 So.2d 825 (Fla. 3d DCA 1983); Solomon v. State, 341 So.2d 537 (Fla. 2d DCA 1977); Brown v. State, 284 So.2d 400 (Fla. 3d DCA 1973); Pope v. State, 268 So.2d 173 (Fla. 2d DCA 1972).
cited Cited "see" State v. Coble
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Oladipupo v. State, 574 So.2d 301, 302 (Fla. 5th DCA 1991); White v. State, 568 So.2d 1318 (Fla. 2d DCA 1990).
discussed Cited "see, e.g." State v. Engel
Fla. Dist. Ct. App. · 1995 · signal: see also · confidence medium
See also Oladipupo v. State, 574 So.2d 301, 302 (Fla. 5th DCA 1991) (where appellant was charged with a misdemeanor but convicted of a felony in circuit court, conviction was void and illegal because appellant could only be convicted of the misdemeanor charged and, “the circuit court did not have jurisdiction over the second degree misdemeanor because it did not arise out of the same circumstances as the felony which was also charged.”).
Retrieving the full opinion text from the archive…
Abideen OLADIPUPO, Appellant,
v.
STATE of Florida, Appellee.
90-1304, 90-1306.
District Court of Appeal of Florida, Fifth District.
Feb 14, 1991.
574 So. 2d 301
Cowart.
Cited by 4 opinions  |  Published

[*302] James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

The defendant was charged with, convicted and sentenced, in the circuit court, for the offense of giving a false age in an application for a driver's license, a violation of section 322.212(5), Florida Statutes, a misdemeanor of the second degree under section 322.212(6), Florida Statutes, punishable under section 775.082, Florida Statutes, to a maximum sentence of 60 days in jail. For this offense he was convicted for a third degree felony and sentenced to 180 days in the county jail with credit for 60 days time served.

Under section 322.212(6), Florida Statutes, all false statements in applications for driver licenses are felonies of the third degree except the giving of a false age which is a misdemeanor of the second degree. While the original information generally alleged all four alternative methods of violating section 322.212(5), Florida Statutes, the specification stated only that the defendant misrepresented his age. Therefore under the particular allegation and the provisions of section 322.212(6), Florida Statutes, the original charge alleged a second degree misdemeanor and the defendant was erroneously convicted and sentenced for a third degree felony. Furthermore, under section 26.012(2)(d), Florida Statutes, the circuit court did not have jurisdiction over the second degree misdemeanor because it did not arise out of the same circumstances as a felony which was also charged.[1] The defendant's conviction of a violation of section 322.212(5), Florida Statutes, based on giving a false age in his application for a driver's license, was illegal and void and his conviction is hereby

REVERSED.

GOSHORN and HARRIS, JJ., concur.

1 The defendant was also charged with the felony of resisting an officer with violence (§ 843.01, Fla. Stat.) but that felony did not arise out of the same circumstances as the defendant's misrepresentation of his age in the application for a license.