State v. Hockett
District Court of Appeal of Florida
1Per curiam
We affirm the trial court’s decision to dismiss the informations in these two interrelated cases because the State failed to allege an intent to defraud as an element of the offense described in section 319.33(1)(e), Florida Statutes (1997). See State v. Copher, 395 So.2d 635 (Fla. 2d DCA 1981); The trial court’s oral ruling allowed the State ten days to amend these informations, but the written order omitted this option. On remand, it is not necessary that the State have ten days within which to amend the informations. The State may amend at any time unless prevented by the constitutional…
2Cases cited2 opinions
- State v. CopherDistrict Court of Appeal of Florida · 1981
- State v. BaconDistrict Court of Appeal of Florida · 1980