Diggs v. State

Diggs was tried in the circuit court on an information charging him with unlawfully departing the scene of an accident involving a personal injury.1 At trial the state recognized that the statute number set forth in the information, to wit, § 316.061, was incorrect and moved to amend the statute number to § 316.027, which motion was granted by the court. The state failed to amend the body of the information to include the word “willfully” so as to make the offense a felony under § 316.027(2).2

The jury returned a guilty verdict and the court, assuming that Diggs had been convicted of a felony…