Smith v. State

HERSEY, Judge.

This is an appeal from an order denying a motion to dismiss an Information charging appellant with a violation of Section 812.021 Florida- Statutes (1977). The basis for the motion is that appellant was inappropriately charged under the statute in question in that she should have been charged under Section 409.325 Florida Statutes (1977). The former statute is the general larceny statute and the latter statute pertains to welfare fraud. After denial of her motion to dismiss appellant changed her plea to nolo contendere, reserving the right to appeal the denial of the motion to…