Roland Long v. State of Florida

Appellant was convicted of conspiracy to manufacture methamphetamine. The criminal information alleged that appellant conspired to manufacture methamphetamine with “Ray Ray Webb.” However, during the trial, the only evidence presented of a conspiracy included specific references to “Ray Ray Hicks,” not “Ray Ray Webb.” We find that the variance between what was charged in the information and what was proven at trial was a fatal variance, resulting in fundamental error. As such, we reverse appellant’s conviction for conspiracy. Because we find this issue dispositive we do not address the…