State v. Hillman

DANAHY, Judge.

A defect appears in an indictment charging appellee with first degree murder. Because of that defect, the trial judge granted appellee’s motion to dismiss the indictment and the state appeals. We hold that ,the defect is within the category of formal and nonprejudicial defects which, under rule 3.140(o), Florida Rules of Criminal Procedure, do not constitute grounds for dismissal. We reverse.

The defect is in the statement on the indictment required by rule 3.140(f), which provides that the state attorney or an assistant state attorney shall make and sign a statement on the…