Adderly v. State

We affirm this appeal of an order dismissing the appellant’s petition for writ of habeas corpus.

It is true, as he asserts with respect to his first ground for relief, that a petition for writ of habeas corpus is an appropriate vehicle in which to raise a claim that the charging document wholly omits to allege one or more of the essential elements of the crime and therefore fails to charge a crime. See State v. Gray, 435 So.2d 816, 818 (Fla.1983) (“Since a conviction cannot rest upon such an indictment or information, the complete failure of an accusatory instrument to charge a crime is a…