Florida/Georgia Personal Injury & Workers Compensation

information presented under the provisions of Section 775.11 Fla. Statutes 1941, alleging that: "Jesse Joyner

...cedural. Lane v. State, 337 So.2d 976 (Fla. 1976), is cited by the State as supportive of this position. The question in Lane was whether the application of a statute of limitations is a quasi-procedural matter so as to fall within subsection (3) of Section 775.011, Florida Statutes (1975)....

...Section 776.051(1) provides: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Pursuant to Ch. 74-383 § 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of Section 776.051 are not applicable in the present case....

...ignity of the State of Florida. [4] Although the fact has not lessened judicial labor in the present case, section 821.01 was repealed by the legislature in the 1974 session, effective July 1, 1975. Fla.Laws, ch. 74-383 § 66. Pursuant to Fla. Stat. § 775.011(2) (1974 Supp.), prosecutions for "offenses committed prior to July 1, 1975, ......

that Judge Reasbeck breached a duty imposed by Section 775.11(3), Florida Statutes (1969), by failing to

provided in the following section." Fla. Stat. § 775.11 (1969), F.S.A. [18] 96 Fla. 768, 782, 119 So

with all of the procedural requirements of F.S. § 775.11, F.S.A., of our Habitual Offenders law. From the

six-year sentence. Petitioner asserts that under Section 775.11, Florida Statutes, F.S.A., the trial judge

...1954); Francis v. State, 343 So.2d 932 (Fla. 3d DCA 1977); White v. State, 324 So.2d 115 (Fla. 3d DCA 1975); Maycock v. State, 284 So.2d 411 (Fla. 3d DCA 1973); Green v. State, 190 So.2d 614 (Fla. 3d DCA 1966); Casso v. State, 182 So.2d 252 (Fla. 2d DCA 1966); § 775.011(2), Fla....

General submits that the governing statute, Section 775.11, specifically provides for the filing of the

position to be supported by the language of Section 775.11, Florida Statutes, F.S.A., which provides the

distinction between conviction and sentence, section 775.11, we are of the opinion that the latter statute

of a felony. These statutes are followed by Section 775.11, which makes provision for an independent prosecution

...In Florida, whenever the death penalty is not or cannot be imposed in such cases, the only permissible penalty is life without the possibility of parole for 25 years. § 775.082(1), Fla. Stat. (1991). The Florida legislature has designated as a capital felony the sexual battery of a child. § 775.011(2), Fla....

...and date agreed upon for the return of the vehicle, aircraft, boat, or boat motor, unless notification of the reason for delay has been made to the rentor or lessor. This section was repealed by s. 66, 74-383, effective July 1, 1975. However, under Section 775.011, Florida Statutes (1975), Section 814.06 is still applicable to petitioner's case. Section 775.011(2), Florida Statutes (1975), provides: (2) Except as provided in subsection (3), the code does not apply to offenses committed prior to July 1, 1975, and prosecutions for such offenses shall be governed by the prior law....

...act of aiding and abetting (i.e., the act during which he carried a firearm) was not charged as a separate and completed crime. Connolly’s criminal culpability as a principal did not materialize until the murder was committed or attempted. See § 775.011, Fla....

...222)... ." By virtue of the above statement this Court has jurisdiction of this direct appeal [1] even though we dispose of the appeal on a non-constitutional ground. [2] The Florida Criminal Code provides for its applicability to antecedent offenses in Section 775.011, Florida Statutes (1975): "(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to July 1, 1975, and prosecutions for such offenses shall be governed by the prior law....

...ant to be governed by the revised Statute of Limitations. In State ex rel. Manucy v. Wadsworth, 293 So.2d 345 (Fla. 1974), this Court held that the application of a Statute of Limitations is a substantive matter. Consequently, this case falls within Section 775.011(2), Florida Statutes (1975), rather than Section 775.011(3), Florida Statutes (1975) and, therefore, is governed by the Statute of Limitations in effect at the time of the crime....

failing to follow the procedure outlined in Section 775.11, Florida *602 Statutes (1973), which was in

not follow the procedures outlined in Fla. Stat. § 775.11 (1975), which required the filing of a separate

without complying with the procedures specified in § 775.11, which was in effect at the time of these sentences

prescribing a life sentence as an habitual criminal, and § 775.11 related to the procedures to be followed in applying

the habitual offender statute was enacted, section 775.11, Florida Statutes (1969) provided for the enhancement

predicated. This, we held, is required by F.S. § 775.11, F.S.A. 1971. It was not done here. In view of

the defendant; further that Florida Statute Section 775.11 governs and exclusively controls the procedure

case of the habitual criminal statute, Florida Statute 775.11, F.S.A., which has been held not to be

State, 291 So.2d 118 (Fla. 2d DCA 1974), and section 775.11, Florida Statutes (1973) (which Wright relied

...Ass’n, Inc. 938 So.2d 587, 592 (Fla. 1st DCA 2006). Id. (emphasis added) (footnote omitted). Significantly, the Flemmings court supported this last observation with a citation to a civil case. But section 776.032 is part of the Florida Criminal Code. § 775.011, Fla....

Shargaa v. State, supra, particularly Fla.Stat. § 775.11, F.S.A., expressly provided for a distinct proceeding

predicated. We based our ruling upon Fla.Stat. § 775.11 (1971) [repealed by § 66, Chapter 74—383, effective

...Section 776.051(1) provides: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Pursuant to Ch. 74-383 § 1, Laws of Florida, codified as Section 775.011, Florida Statutes (1975), the provisions of Section 776.051 are not applicable in the present case....

had in accordance with the provisions of F.S. § 775.11 and § 775.-084 F.S.A. The judgment appealed is

recidivist information as provided by F.S. Section 775.11, F.S.A., appellant “knowingly and intelligently

former strictures of the recidivist statute (Section 775.11, Florida Statutes (1973), repealed effective

Sparkman v. State Prison Custodian, supra. Compare Section 775.11, F.S.1967, F.S.A. which provides such a procedure

prosecutions for such offenders as set forth in § 775.11, Florida Statutes, was not complied with. The

sentence in the case No. 27029, as required in Section 775.11 Florida Statutes 1941. "Now again on this day

...Pizarro appeals from a judgment of conviction based on a jury verdict finding him guilty of assault to commit involuntary sexual battery by use of threats or violence likely to cause serious personal injury, and from a sentence of fifteen years imprisonment. We are called on to construe Section 775.011(3), Florida Statutes, which became effective on 1 October 1975, and provides: *790 “(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any qua...

...He was sentenced on 4 September 1975. On 16 September 1975, he filed a notice of appeal to this Court. The offense for which Pizarro was found guilty was prohibited by Section 784.06, Florida Statutes. However, this statute was repealed effective 1 July 1975. On that date, Section 775.011(2), Florida Statutes, became effective....

...ch offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to July 1; 1975, if any of the material elements of the offense occurred prior thereto.” Pizarro argues that if only the provisions of Section 775.011(2), Florida Statutes, were applicable, the court correctly adjudicated him guilty and sentenced him. But, because of the provisions of Section 775.011(3), Florida Statutes, the trial court erred, because his case was pending in this Court after 1 October 1975, and after that date there was no provision for a penalty for the offense of which he was found guilty....

felony conviction under the provisions of F.S. § 775.11, F.S.A. The information on which he was tried

penalty for the last offense and is imposed under Section 775.11. Cross v. State, 119 So. 380, 96 Fla. 768;