Summary
In Jenkins v. State, 617 So.2d 836 (Fla. 4th DCA 1993), we held that it was fundamental error mandating reversal for the court to adjudicate and sentence a defendant for a first-degree misdemeanor when the state failed to allege the element making the offense a first-degree misdemeanor.
Summary of this case from Gamble v. StateOpinion
No. 92-2732.
May 5, 1993.
Appeal from the Circuit Court for Broward County, Robert B. Carney, J.
Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.
Jessie Jenkins appeals from a judgment of guilty of petit theft and sentence of one year in prison.
We hold that it was fundamental error mandating reversal for the trial court to adjudicate and sentence Jenkins for a first degree misdemeanor theft when the State failed to allege the element making that theft a first degree misdemeanor. See Clay v. State, 595 So.2d 1052 (Fla. 4th DCA 1992); Hauss v. State, 592 So.2d 783 (Fla. 4th DCA 1992); Meenaghan v. State, 601 So.2d 307 (Fla. 4th DCA 1992).
We reverse and remand for further proceedings consistent herewith.
GLICKSTEIN, C.J., KLEIN, J., and WALDEN, JAMES H., Senior Judge, concur.