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NELSON v. STATE

District Court of Appeal of Florida, Fifth District.
May 27, 1981

PER CURIAM.

Nelson was charged by information with willfully or carelessly burning a field in violation of section 590.08, Florida Statutes (1979). A willful violation of section 590.08 constitutes a felony, while a careless violation constitutes a misdemeanor. ยง 590.14(1) (2), Fla. Stat. (1979). Because the information was insufficient to charge a felony it did not confer jurisdiction on the circuit court. Rogers v. State, 336 So.2d 1233 (Fla. 4th DCA 1976); Pope v. State, 268 So.2d 173 (Fla. 2d DCA 1972). We reverse the judgment and sentence because they are void.

REVERSED.

COBB, SHARP and COWART, JJ., concur.