State v. Franks

(dissenting) — Dominique Franks has failed to demonstrate that she was actually prejudiced by the State’s poor drafting of the Information by which she was charged with robbery. This minor procedural error should not entitle Franks to any relief whatsoever. Contrary to the majority opinion, we are not required to apply State v. Kjorsvik,3 where a defect in the charging document does not involve the essential elements of the crime.

Franks did not challenge the Information in the trial court. Assuming, arguendo, that the identity of the person charged is an essential element for purposes of the…