NATHANIEL HOLT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Chief Judge.
Holt, tried and convicted below of cocaine possession, urges here only that the trial court should have granted his motion to dismiss the prosecution, first made after the jury had been sworn, on the ground that the information was not signed by a state attorney. Prior to the trial, however, a newly appointed special assistant public defender had filed a written plea of not guilty. Florida Rule of Criminal Procedure 3.140(g) specifically provides that
[n]o objection to an information on the ground that it was not signed or verified, as herein provided, shall be entertained after the defendant pleads to the merits.
We see nothing in this provision or otherwise to justify the appellant’s claim that there was nevertheless no waiver because the plea in this case was filed after an initial arraignment at which the assigned public defender stood mute and a not guilty plea was entered by the court on Holt’s behalf. See Fla.R.Crim.P. 3.170(c). The clear terms of Rule 3.140(g) mandate the determination that the objection and motion came too late.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998)…proper signature on an information is waived if the defendant fails to raise the issue prior to pleading to the substantive charges. The objection, made for the first time in this appeal, is untimely. Montanez, 630 So. 2d at 1164. In Holt v. State, 516 So. 2d 25 (Fla. 3d DCA 1987), a defendant moved to dismiss the charges against him because an information had not been signed by a state attorney. Id. The district court affirmed because he made his motion after the jury had been sworn: “The clear terms of Ru…
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Montanez v. State, 630 So. 2d 1163 (Fla. 3d DCA 1993)…an objection to the lack of a proper signature on an information is waived if the defendant fails to raise the issue prior to pleading to the substantive charges. The objection, made for the first time in this appeal, is untimely. See Holt v. State, 516 So. 2d 25 (Fla. 3d DCA 1987) (motion to dismiss prosecution on ground that information was not signed by state attorney, made after public defendant had filed written plea of not guilty, was untimely). The remaining points on appeal are without merit. Aff…
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Byrd v. State, 730 So. 2d 382 (Fla. 3d DCA 1999)…or verified, as herein provided, shall be entertained after the defendant pleads to the merits.” Fla. R.Crim. P. 3.140(g); see Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998); Montanez v. State, 630 So. 2d 1163 (Fla. 3d DCA 1993); Holt v. State, 516 So. 2d 25 (Fla. 3d DCA 1987). The rule exists because this is the type of defect which could readily be cured if timely raised in the trial court. Defendant relies on Turner v. State, 444 So. 2d 974 (Fla. 3d DCA 1984), but (a) it involved a signed information…
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