EDWARD MCCLAMROCK, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Edward McClamrock was convicted of aggravated assault and appealed on the ground that the information failed to allege all necessary elements of the offense. The Second District Court of Appeal affirmed the conviction, holding that the information provided sufficient notice of the charges and that a trial court need not include every statutory element in the charging document.
The information was sufficient and did not require dismissal. The information contained sufficient allegations to place the appellant on notice of the charges, as the elements of assault are defined in the statute and available to the defendant through the Florida Statutes and Rules of Criminal Procedure. The information was not vague regarding the deadly weapon allegation.
[1] An information charging aggravated assault is sufficient if it alleges the unlawful making of an assault with a deadly weapon, without intent to kill, and provides the de…
[2] A defendant can inform themselves of the specific elements of a charged offense by consulting the relevant statute.
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Join FLexlaw to unlock all legal intelligence“the Information contained sufficient allegations to properly place the appellant on notice of the charge, particularly where the elements of assault are defined in the statute”
Establishes the holding that statutory incorporation is sufficient; the information need not explicitly recite all elements.
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Join FLexlaw to unlock all legal intelligenceOn June 14, 1978, Edward Ray McClamrock was charged with aggravated assault under Section 784.021, Florida Statutes, with a deadly weapon, but without…
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STRICKLAND, J. TIM, Associate Judge.
This is an appeal from defendant’s conviction for aggravated assault. The pivotal issue urged by the appellant is the trial court’s failure to grant his motion to dismiss. The information in this case stated in its pertinent part that it was for aggravated assault under Section 784.021, Florida Statutes (1977), and that “Edward Ray McClamrock, late of the county and state aforesaid, on the 14th day of June in the year of our Lord one thousand and nine hundred and seventy-eight, in the county and state aforesaid, did unlawfully make an assault upon Erma Epple with a deadly weapon, not having an intent to kill.”
Appellant moved the trial court for dismissal of this Information because it failed to allege all of the necessary elements of the offense charged, to wit: assault.
The case of Ferrell v. State, 358 So. 2d 843 (Fla. 3d DCA 1978) is argued by the appellant to apply by analogy to this appeal. The trial court there ruled upon the same motion in a case involving aggravated battery. The Third District Court of Appeal, in an opinion by the Honorable Judge Ke-hoe, found that an Information which purported to charge defendant with aggravated battery but which neglected to include the essential elements of battery was defective.
The court has studied the Ferrell decision. The court there was confronted with an Information containing two counts, each related to the underlying crime of battery. The only distinction which may be significant is the fact that Section 784.03, Florida Statutes (1977), provides that battery may be committed in two different ways, whereas Section 784.011 gives a single definition of assault. Other than this distinction, we are unable to determine the rationale of the case as it relates to the requirements of due process.
In the present appeal, the court is satisfied that the Information contained sufficient allegations to properly place the appellant on notice of the charge, particularly where the elements of assault are defined in the statute. Relying upon Florida Statutes and the Rules of Criminal Procedure, the appellant could inform himself in more detail as the charge. Therefore, to the extent that our conclusion differs with Ferrell, this court respectfully declines to follow the rationale of that case.
The appellant also contends that the Information was vague and indefinite in that it did not state what type of deadly weapon was allegedly used. In support, he cited the cases of Catanese v. State, 251 So. 2d 572 (Fla. 4th DCA 1971), and Battle v. State, 365 So. 2d 1035 (Fla. 2d DCA 1979). These cases are distinguishable and, therefore, not of import to this case.
AFFIRMED.
GRIMES, C. J., and SCHEB, J., concur.
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DuBOISE v. State, 520 So. 2d 260 (Fla. 1988)…t necessarily render an indictment so defective that it will not support a judgment of conviction when the indictment references a specific section of the criminal code which sufficiently details all the elements of the offense. McClamrock v. State, 374 So. 2d 1076 (Fla. 2d DCA 1979). In this case the indictment specifically referenced section 794.011(3), Florida Statutes. By referencing section 794.011(3), which specifically defines all the elements of the offense, the indictment placed DuBoise on adequate no…
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Fulcher v. State, 766 So. 2d 243 (Fla. 4th DCA 2000)…sarily render an indictment so defective that it will not support a judgment of conviction when the indictment references a specific section of the criminal code which sufficiently details all the [*245] elements of the offense. McClamrock v. State, 374 So. 2d 1076 (Fla. 2d DCA 1979). In this case the indictment specifically referenced section 794.011(3), Florida Statutes. By referencing section 794.011(3), which specifically defines all the elements of the offense, the indictment placed DuBoise on adequate no…
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Lindsey v. State, 416 So. 2d 471 (Fla. 4th DCA 1982)…in an information, the courts have not uniformly so held. In Ferrell v. State, supra, the Third District held an information charging aggravated battery and not including the specific elements of the battery was insufficient. In McClamrock v. State, 374 So. 2d 1076 (Fla. 2d DCA 1979), the Second District concluded that the absence of the elements of an assault did not render an information improper as the defendant could resort to both the statute and discovery. Also see the special concurring opinion in State…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Catanese v. State, 251 So. 2d 572 (Fla. 4th DCA 1971)
- Battle v. State, 365 So. 2d 1035 (Fla. 3d DCA 1978)
- Abe Schonfeld et ux. v. Metro. Dade Cnty., 358 So. 2d 843 (Fla. 3d DCA 1978)