State v. Wardlow

OTT, Judge.

The state filed an information charging appellee, Johnny Wardlow, with a felony violation of § 409.325, Fla.Stat. (1977) which prohibits food stamp fraud. Appellee filed a motion to dismiss the information and the trial court granted the motion.1 We reverse.

Section 409.325 provides that if a person fraudulently seeks or receives less than $200 worth of food stamps in a one year period, he is guilty of a misdemeanor, but if he fraudulently seeks or receives $200 or more worth of food stamps within one year he is guilty of a felony.2 Based upon a stipulated statement of facts the…