DAVID HOLLAND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Gibson v. State, 721 So. 2d 363 (Fla. 2d DCA 1998)
  …reversible error by denying the continuance. See State v. Conte, 516 So. 2d 1115 (Fla. 2d DCA 1987) (defendant did not show prejudice from State’s delay in adding conspiracy count to information charging trafficking in cocaine); cf. Turner v. State, 376 So. 2d 429 (Fla. 1st DCA 1979) (amendment of information, which changed charge from misdemeanor to felony offense, was change of substance and prejudiced defendant’s right to fair trial); Lawson v. State, 251 So. 2d 683 (Fla. 3d DCA 1971) (reversing conviction…
• Hahn v. State, 626 So. 2d 1056 (Fla. 4th DCA 1993)
  …burglary and grand theft to dealing in stolen property. This change was prejudicial, since the elements of the crime were different, even though the new charge arose from the same transaction as the one originally charged. See also Turner v. State, 376 So. 2d 429 (Fla. 1st DCA 1979) (defendant’s right to a fair trial was compromised by a day of trial amendment, changing the date of the crime and the degree of the crime from a misdemeanor to a felony); Molina v. State, 561 So. 2d 425 (Fla. 3d DCA 1990) (findi…
• Peevey v. State, 820 So. 2d 422 (Fla. 4th DCA 2002)
  …rge from a misdemeanor to á felony with the rationale "that, “This is a change of substance, and on the record here, cannot be deemed harmless due to its serious potential for surprise and for denying a fair trial to the defendant.” Turner v. State, 376 So. 2d 429, 430 (Fla. 1st DCA 1979). In the present case, the nature of the defense was significantly altered by the amendment, and the amended information charged the Defendant with an entirely new offense. The charge of aggravated assault on Darden, though…

Authorities Cited

• Brown v. State, 376 So. 2d 382 (Fla. 1979)