MELVIN ROSSER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Prejudice To Substantial Rights cases and more on FLexlaw
PER CURIAM.
The sole issue on this appeal is whether the trial court erred by permitting the State, during a probation violation hearing, to amend the affidavit to reflect the correct date that appellant was placed on probationary status. It is settled that the State may substantively amend its charging document during trial, even over the objection of the defendant, unless there is a showing of prejudice to the substantial rights of the defendant. Young v. State, 632 So. 2d 245 (Fla. 3d DCA 1994); accord Hoffman v. State, 397 So. 2d 288 (Fla.1981) (amendment by the State of the date alleged in its statement of particulars should be allowed absent a showing of prejudice to defendant). Here, we find that the permitted amendment was merely technical in nature and did not affect the substantive allegations contained in the affidavit of probation violation. Consequently, we can find no prejudice to the defendant in this proceeding.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Perkins v. State, 842 So. 2d 275 (Fla. 1st DCA 2003)…aring that appellant had not reported during the months of May through November, he did not file an amended affidavit alleging such a violation. Nor did the State move to orally amend the affidavit during the revocation hearing. See Rosser v. State, 658 So. 2d 175, 176 (Fla. 3d DCA 1995) (noting that it is settled that the State may substantively amend its eharg- [*278] ing document during trial over the defendant’s objection unless there is a showing of prejudice to the substantial rights of the defendant).…
-
Wallace v. State, 689 So. 2d 1159 (Fla. 4th DCA 1997)…additional charges are filed, even at the beginning of trial, after a defendant’s refusal to plead guilty to the initially charged crimes. State v. Phillips, 642 So. 2d 18 (Fla. 2d DCA 1994), rev denied, 561 So. 2d 1195 (Fla.1995); Rosser v. State, 658 So. 2d 175 (Fla. 3d DCA 1995); Huffman v. State, 636 So. 2d 842 (Fla. 5th DCA 1994). The record indicates that there was no prejudice to the defendant when the state amended the information, because defendant was out on bail and the trial was continued for twe…
-
State v. Garcia, 692 So. 2d 984 (Fla. 3d DCA 1997)…rmation during trial, even over the defendant’s objection, unless there is a showing of prejudice to the substantive rights of the defendant. State v. Anderson, 537 So. 2d 1373 (Fla.1989); Lackos v. State, 339 So. 2d 217 (Fla.1976); Rosser v. State, 658 So. 2d 175 (Fla. 3d DCA 1995) (State could amend affidavit to reflect correct date that defendant was placed on probationary status); Young v. State, 632 So. 2d 245 (Fla. 3d DCA 1994). By agreement, time had been tolled on Friday until the following Monday. T…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoffman v. State, 397 So. 2d 288 (Fla. 1981)
- Fallada v. State, 632 So. 2d 245 (Fla. 3d DCA 1994)