Tingley v. State

SHARP, Judge.

Tingley appeals from a final judgment adjudicating him guilty of four counts of sexual battery on a child under the age of eleven years.1 His primary point on appeal which merits discussion2 is that the trial court erred in not dismissing the indictment, when the span of time set forth in the indictment as to when the crimes allegedly took place differed from those specified by the state in its bill of particulars. We affirm, although we acknowledge there are no clear precedents in Florida’s appellate decisions.

Since these crimes for which Tingley was prosecuted were nominally…