State v. Fernandez

ALLEN, Judge.

In 1962 the appellant State filed an information charging appellee-defendant with a violation of Fla.Stat. 398, F.S.A. and further charging that appellee had previously been convicted of a violation of Chapter 398, the Uniform Narcotic Drug Law, thereby being liable for punishment as a second offender under the provisions of Fla. Stat. § 398.22, F.S.A. Upon appellee’s mo*401tion, the lower court quashed the information on the grounds:

“* * * that including a prior conviction as an essential element of a separate offense * * * is contrary to law and therefore prejudicial to the…