Legal Opinion

Jenkins v. State

District Court of Appeal of Florida

Decided October 20, 1983No. 82-899PublishedCited by 2 opinions

1Opinion of the Court

ORFINGER, Chief Judge.

An information charging that the defendant did “by force, violence, assault or putting in fear, take away from the person or custody of [another] certain property ...” is not fundamentally deficient. Harpham v. State, 435 So.2d 375 (Fla. 5th DCA 1983). Thus, there was no error in permitting the State to amend the information to allege the defendant’s intent to permanently deprive the victim of the property, especially where, as here, it was conceded by defendant that such amendment would not prejudice him. See Lackos v. State, 339 So.2d 217 (Fla.1976).

Appellant’s…

2Cases cited3 opinions

  1. Lackos v. StateSupreme Court of Florida · 1976
  2. Durrance v. RuddDistrict Court of Appeal of Florida · 1981
  3. Harpham v. StateDistrict Court of Appeal of Florida · 1983

3Cited by2 opinions

  1. Kinzey v. StateMississippi Supreme Court · 1986
  2. State v. KerwinDistrict Court of Appeal of Florida · 1984

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