State v. Wells

LEHAN, Judge.

The state appeals from the trial court’s order granting defendant’s motion to dismiss the information which charged defendant with sexual battery of a child, a violation of section 794.011(2), Florida Statutes (1983). The trial court reasoned that sexual battery of a child is labeled by the legislature as a capital offense and, since article I, section 15(a) of the Florida Constitution provides that no person shall be tried for a capital crime without indictment by a grand jury, defendant could not be properly charged by information. The state contends on appeal that sexual…