WAHAB
v.
STATE
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Appellant Wahab was convicted of battery and appealed the trial court's denial of his Motion for Statement of Particulars, which sought a specific date for the alleged offense. The Ninth Judicial Circuit Court affirmed the denial, finding that Wahab had sufficient notice of the charges and the likely date of the alleged battery.
The trial court did not abuse its discretion in denying the Motion for Statement of Particulars regarding the specific date, as Appellant had sufficient notice of the offense and the likely date. The location-based argument was not preserved for appeal because Appellant failed to raise that specific issue at trial.
[1] A charging instrument must be a plain, concise, and definite written statement of the essential facts constituting the offense charged.
[2] A court shall order the prosecution to furnish a statement of particulars when the charging instrument fails to inform the defendant of the particulars of the offense suf…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense.”
Sets forth the legal standard governing when trial courts must order a statement of particulars under Florida Rule of Criminal Procedure 3.140(n).
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOrange County Sheriff's Officers arrested Appellant Wahab on October 1, 2005, for Battery and Sexual Battery allegedly committed on September 30, 2005…
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Before O’KANE, KOMANSKI, and THORPE, J.J.
PER CURIAM.
FINAL ORDER AFFIRMING TRIAL COURT
Appellant Wahab appeals the trial court’s denial of his Motion for Statement of Particulars on February 1, 2006. We affirm. On October 1, 2005, Orange County Sheriff’s Officers arrested Appellant for Battery and Sexual Battery. The Charging Affidavit alleges that Appellant committed the crimes at approximately 7:00 pm on September 30, 2005. In November 2005, the State charged Appellant with Battery (Domestic Violence), alleging that Appellant committed the crime between September 25, 2005 and October 1, 2005 in Orange County. On January 23, 2006, Appellant filed a Motion for Statement of Particulars, requesting that the State allege a specific date on which the battery allegedly occurred. The court held an informal hearing regarding the statement of particulars on the first morning of the two-day trial and denied the motion. A jury convicted Appellant of battery on February 2, 2006. The court sentenced him to 126 days in jail with credit for 126 days served, followed by 239 days of supervised probation. This timely appeal follows. Appellant argues that the trial court erred when it did not order the State to amend the information or provide a statement of particulars defining a specific time and place for the alleged crime. The State did not file an Answer Brief. Florida Rule of Criminal Procedure 3.140(b) states, “The indictment or information on which the defendant is to be tried shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged.” Fl. R. Cr. P. 3.140(b) (2006). Florida Rule of Criminal Procedure 3.140(n) further explains the statement of particulars: The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney, including the names of persons intended to be defrauded. Reasonable doubts concerning the construction of this rule shall be resolved in favor of the defendant.
Fl. R. Cr. P. 3.140(n) (2006).
After a review of the file and motion, it is clear that Appellant was on notice of the offense with which he was charged and the likely date on which it occurred. Therefore, the court did not abuse its discretion in denying Appellant’s Motion for Statement of Particulars regarding a specific date of the battery. Lastly, Appellant failed to preserve for review the argument that the trial court erred when it did not order the State to amend the information or furnish a statement of particulars defining a specific location of the alleged crime. For an issue to be preserved, the “specific legal argument or ground to be argued on appeal must be part of that presentation.” Perez v. State, 919 So. 2d 347, 359 (Fla. 2005). Appellant failed to argue the need for a statement of a specific location when he raised his motion (written and oral) at the trial level. The issue has not been preserved. Based on the foregoing, it is ORDERED AND ADJUDGED that the trial court’s denial of Appellant’s Motion for Statement of Particulars is hereby AFFIRMED. DONE AND ORDERED, in Chambers, at Orlando, Orange County, Florida, this __15th__ day of ___February________________, 2007.
____/S/___________________
JULIE H. O’KANE
Circuit Court Judge
_____/S/______________
_______/S/_____________ WALTER KOMANSKI
JANET C. THORPE Circuit Court Judge
Circuit Court Judge
Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail or hand delivery to Eileen Forrester, Chief Assistant Public Defender, 435 North Orange Avenue, Orlando, Florida 32801 and Karen Clark, Assistant State Attorney, 415 North Orange Avenue, Orlando, Florida 32801 this ___15th_____ day of ___February_______________, 2007.
____/S/________________
Judicial Assistant