Hudson Noel v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket3D2025-0056
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 7, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0056
Lower Tribunal No. B24-8833
________________
Hudson Noel,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal from the County Court for Miami-Dade County, Jennifer
Azar, Judge.
Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant
Public Defender, for appellant.
James Uthmeier, Attorney General, and Daihana Chang, Assistant
Attorney General, for appellee.
Before LOGUE, LOBREE, and BOKOR, JJ.
LOGUE, J.
Hudson Noel appeals his conviction and sentence for assault of a
person 65 years of age or older, a first-degree misdemeanor, in violation of
sections 784.08(2)(d) and 784.011(1), Florida Statutes. Noel’s sole
argument on appeal is that the county court lacked subject matter jurisdiction
because the information charged him with a felony rather than a
misdemeanor. We disagree and affirm.
BACKGROUND
This case arises from an incident that took place near a bus stop on
February 13, 2024. Noel was observed cursing at an elderly female, Mary
Castillo, age 73. Arthur Eleazer witnessed the altercation and became
concerned. Eleazer approached Noel and asked him to leave Castillo alone.
Noel became even more agitated and aggressive, shouting and ultimately
pulling out a Swiss army knife. Noel continued threatening both victims as
he approached Castillo. Eleazer then pushed Noel away, following which a
chase of Eleazer by Noel ensued.
Thereafter, officers arrived at the scene and collected statements as
part of their investigation. Castillo stated that while Noel never placed his
hands on her, he did threaten to kill her. Meanwhile, Noel threatened officers,
following which he was taken into custody. The original complaint/arrest
affidavit listed the preliminary charges as “1. F/3- Assault/Aggravation/with a
2
deadly weapon” and “F/2- Assault/Aggravation/on person 65 or older/dead
weap [sic].”
The State thereafter filed an information on April 24, 2024, charging
Noel with “1. ASSAULT ON PERSON 65 YEARS OF AGE OR OLDER
784.08(2)(D) & 784.011 MISD. 1D” as follows:
COUNT 1
HUDSON NOEL, on or about February 13, 2024, in the County
and State aforesaid, did unlawfully and intentionally threaten by
word or act to do violence to the person of another, to wit/; Mary
Castillo, a person 65 of age or older, coupled with an apparent
ability to do so, and did some act, to wit: THREATENING TO
KILL HER WHILE HOLDING A BOX CUTTER, which created a
well-founded fear in such other person that such violence was
imminent, in violation of s. 784.011 and s. 784.08(2)(d), Fla.
Stat., contrary to the form of the Statute in such cases made and
provided, and against the peace and dignity of the State of
Florida.
Prior to the start of trial, the county court judge conducted a colloquy
of Noel regarding the State’s plea offer and discussed the charges against
him:
Mr. Noel, you were charged with assault on a person 65 years of
age or older, which is a first degree misdemeanor. The State’s
plea offer is for you to plead guilty. I’ll assess court costs. You’ll
have a year to pay the court costs and 364 days in jail. That’s the
maximum penalty you face under this charge, which is a first
degree misdemeanor.
The county court judge asked Noel, on the record, if he understood the
charges against him, particularly that he was charged with a first-degree
3
misdemeanor with a maximum penalty of 364 days in jail. Later, during voir
dire, the court read the information aloud in open court. At the same time,
the court also defined the term “information” for the jury.
After the close of evidence, the jury was instructed that for Noel to be
found guilty of “the crime of assault on a person 65 years of age or older,”
the State must prove the following four elements beyond a reasonable doubt:
1. Hudson Noel intentionally and unlawfully threatened, either by
word or act, to do violence to Mary Castillo.
2. At the time, Hudson Noel appeared to have the ability to carry
out the threat.
3. The act of Hudson Noel created in the mind of Mary Castillo a
well-founded fear that the violence was about to take place.
4. Mary Castillo was at the time 65 years of age or older.
Ultimately, the jury returned a verdict of “guilty of assault on a person
65 years of age or older.” The court then sentenced Noel to 364 days in jail.
This appeal followed.
ANALYSIS
Whether a trial court has subject matter jurisdiction is reviewed de
novo. Lack v. State, 333 So. 3d 313, 313 (Fla. 1st DCA 2022).
“Subject matter jurisdiction is determined from the face of the
accusatory pleading.” Brehm v. State, 427 So. 2d 825, 826 (Fla. 3d DCA
1983). “If the information charges only the misdemeanor, the circuit court
4
does not have jurisdiction[.]” Christopher v. State, 397 So. 2d 406, 406 (Fla.
5th DCA 1981). See also Dicaprio v. State, 352 So. 2d 78, 79 (Fla. 4th DCA
1977); Pope v. State, 268 So. 2d 173, 175 (Fla. 2d DCA 1972); Waters v.
State, 354 So. 2d 1277, 1278 (Fla. 2d DCA 1978) (“The information by which
appellant was charged failed to allege that the property stolen was worth
$100 or more; therefore, the crime charged was only a misdemeanor under
Section 812.031(3). Since the circuit court does not have jurisdiction when
only a misdemeanor is charged, the trial court did not have jurisdiction in this
case. Article V, Section 5(b), Florida Constitution; Section 26.012, Florida
Statutes (1975).”). The burden of properly invoking the court’s jurisdiction is
on the state. See, e. g., Pope, 268 So. 2d at 176.
Here, the State unequivocally charged Noel, via information, with one
misdemeanor count. In the information, the State cited to sections 784.011
and 784.08(2)(d), Florida Statutes. Section 784.011 states:
(1) An “assault” is an intentional, unlawful threat by
word or act to do violence to the person of another,
coupled with an apparent ability to do so, and doing
some act which creates a well-founded fear in such
other person that such violence is imminent.
(2) Except as provided in subsection (3), a person
who assaults another person commits a
misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
5
(3) A person who assaults another person in
furtherance of a riot or an aggravated riot prohibited
under s. 870.01 commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
§ 784.011, Fla. Stat.
Additionally, section 784.08(2)(d) states:
(2) Whenever a person is charged with committing
an assault or aggravated assault or a battery or
aggravated battery upon a person 65 years of age or
older, regardless of whether he or she knows or has
reason to know the age of the victim, the offense for
which the person is charged shall be reclassified as
follows:
....
(d) In the case of assault, from a misdemeanor of the
second degree to a misdemeanor of the first degree.
§ 784.08(2)(d), Fla. Stat.
Here, the face of the information, referenced only a misdemeanor.
Further, the recommended sentence suggested a misdemeanor (i.e., under
one year), and the jury instruction addressed only a misdemeanor charge.
Where the information filed by the State expressly cites to a misdemeanor
statute, the State brought the charges in the county court which normally can
only hear misdemeanors, the trial court instructed the defendant that the
charge was a misdemeanor, and the instruction to the jury was limited to the
elements of a misdemeanor, the circumstance that the information contained
6
facts that could support a felony charge does not change the charge to a
felony thus depriving the county court of jurisdiction. See, e.g., Radford v.
State, 360 So. 2d 1303, 1304 (Fla. 2d DCA 1978) (holding the circuit court
lacked jurisdiction because the information charged a misdemeanor, as it
concluded with “the usual reference to the pertinent statutory section,”
alleging a “‘violation of Florida Statute 784.03,’ which is the misdemeanor
statute,” even though the information also contained the words “battery on
police officer” and alleged the battery occurred while the officer was acting
in his official capacity, which could constitute a felony).
Therefore, jurisdiction was properly before the county court.
Christopher, 397 So. 2d at 406; Brehm, 427 So. 2d at 826. Accordingly, we
affirm.
Affirmed.
7