Legal Opinion

State v. Akers

District Court of Appeal of Florida

Decided January 9, 2013No. 2D11-1131PublishedCited by 5 opinions

1Opinion of the Court

SILBERMAN,-Chief Judge.

The State seeks review of an order dismissing an aggravated child abuse charge based on the indictment’s failure to name Todd Allen Akers in that count. We conclude that, because Akers was the only defendant charged and his name was in the caption and introduction to the body of the indictment, this omission did not render the charge so vague that it would have misled Akers or affected the preparation of his defense. Thus, we reverse.

Florida Rule of Criminal Procedure 3.140 governs the State’s use of indictments and informations to charge defendants with crimes. The…

2Cases cited5 opinions

  1. Desmond v. StateDistrict Court of Appeal of Florida · 1991
  2. Tingley v. StateSupreme Court of Florida · 1989
  3. Russell v. StateDistrict Court of Appeal of Florida · 1977
  4. Elkins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Hill v. StateCourt of Criminal Appeals of Oklahoma · 1974

3Cited by5 opinions

  1. Campbell v. StateDistrict Court of Appeal of Florida · 2014
  2. MICHAEL LENARD REED v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  3. RYAN WILLIAM COVEMAKER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  4. WILLIE WILLIAMS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. Williams v. StateDistrict Court of Appeal of Florida · 2018

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