PAUL T. HINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant was convicted and sentenced for a felonious violation of section 509.151, Florida Statutes (1981) — the statute which prohibits obtaining food or lodging with intent to defraud. Since the information failed to allege that the food, lodging or other accommodations in question had a value of one hundred dollars or more, we reverse and remand with instructions to correct the judgment of conviction and modify the sentence to reflect a misdemeanor conviction.1 Cf. Tillman v. State, 329 So. 2d 370 (Fla. 2d DCA 1976); Haley v. State, 315 So. 2d 525 (Fla. 2d DCA 1975).
HERSEY, HURLEY and DELL, JJ., concur. . A review of the trial record fails to disclose any conduct by the defendant which would estop his right to assert the error complained of on appeal. But cf. Lumia v. State, 372 So. 2d 525 (Fla. 4th DCA 1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Michutka v. State, 506 So. 2d 1 (Fla. 1st DCA 1986)…the grounds were or should have been raised on direct appeal. This denial was incorrect for several reasons. An information which fails to allege the value of the goods obtained by fraud pursuant to § 509.151 charges a misdemeanor. Hinson v. State, 436 So. 2d 437 (Fla. 4th DCA 1983). If the information charges a misdemeanor and the proof adduced at trial is that the value does in fact exceed $100 the defendant nevertheless may only be convicted of a misdemeanor. Tillman v. State, 329 So. 2d 370 (Fla. 2d DCA…
Authorities Cited
- Haley v. State, 315 So. 2d 525 (Fla. 2d DCA 1975)
- Lumia v. State, 372 So. 2d 525 (Fla. 4th DCA 1979)
- Tillman v. State, 329 So. 2d 370 (Fla. 2d DCA 1976)