Legal Opinion · Dissent

Pittman v. State

District Court of Appeal of Florida

Decided December 9, 2009No. 3D07-2524Published

1DissentSchwartz, Senior Judge

I cannot believe, much less agree, that the meaningless, super-technical “mistake” in this case — the failure of the information to allege specifically what everyone knew to be true, that the victim was under sixteen — should result in the negation, for a new, wrenching and utterly senseless trial, of an otherwise spotless conviction for a crime not only fully established by the evidence but essentially uncontradicted. See Bowden v. State, 642 So.2d 769 (Fla. 1st DCA 1994), review denied, 651 So.2d 1192 (Fla.1995); Padgett v. State, 519 So.2d 663 (Fla. 4th DCA 1988), cause dismissed, 525…

2Cases cited8 opinions

  1. Kukral v. MekrasSupreme Court of Florida · 1996
  2. Langdon v. StateDistrict Court of Appeal of Florida · 2007
  3. Doctor v. StateDistrict Court of Appeal of Florida · 1996
  4. Bowden v. StateDistrict Court of Appeal of Florida · 1994
  5. Blow v. StateDistrict Court of Appeal of Florida · 1980

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