Gonzalez v. State

Although fundamental error may be raised by collateral attack through motion for post-conviction relief, Clark v. State, 336 So.2d 468 (Fla. 2d DCA 1976), aff’d, 363 So.2d 331 (Fla.1978), the failure of the indictment charging the defendant with robbery under Section 812.13, Florida Statutes (1975) to expressly allege the element of specific intent was not fundamental error, Green v. State, 414 So.2d 1171 (Fla. 5th DCA), pet. for rev. denied, 422 So.2d 842 (Fla.1982), and the mere fact that the indictment was defective, Bell v. State, 394 So.2d 979 (Fla.1981); Green v. State, supra, is not…