In this criminal case, appellant was informed against in the Criminal Court of Record of West Palm Beach County for grand larceny. A New York Criminal Lawyer said that, he was arraigned on the information and entered a plea of not guilty. At the beginning of the trial, which was held before the trial judge without a jury, the county solicitor made the announcement in open court and said that: ‘In this case, the State is going to attempt to prove petit larceny and not grand larceny.’ A West Palm Beach Petit Larceny Lawyer said that, after this announcement the county solicitor submitted evidence to prove that the charge contained in the information constituted petit larceny; and the trial court found the defendant to be guilty of petit larceny. Thereafter, a judgment of conviction was rendered and the defendant, as a result, appealed to this Court.
A Nassau County Criminal Lawyer said that, the Attorney General has moved to dismiss the appeal on the ground that the court is without jurisdiction to entertain an appeal for a misdemeanor conviction. A West Palm Beach Grand Larceny Lawyer said that, the defendant contends that inasmuch as the information upon which the defendant was arraigned charged a felony this Court has jurisdiction of the appeal.
The issue in this case is whether the appeal of the appellant should be dismissed on the ground that the court is without jurisdiction to entertain an appeal for a misdemeanor conviction.