Leonetti v. State

SHARP, Judge.

I dissent in this case because, under the circumstances presented by the record, I would affirm the trial judge’s conclusion that the information was not

so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of new prosecution for the same offense.

Fla. R. Crim. P. 3.140(o) (1981).

The information basically tracked the statute. Section 849.25(2), Florida Statutes (1981) provides, “Any person who engages in bookmaking shall be guilty of a felony . . . . ” The…