ELIJAH CAPEHART, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Clifton, 905 So. 2d 172 (Fla. 5th DCA 2005)
  …tive or non-substantive matters, unless the defendant is prejudiced thereby. E.g., Lackos v. State, 339 So. 2d 217 (Fla.1976); State v. Anderson, 537 So. 2d 1373, 1375 (Fla.1989); Rivera v. State, 745 So. 2d 343 (Fla. 4th DCA 1999); State v. Garcia, 692 So. 2d 984 (Fla. 3d DCA 1997); Sanders v. State, 669 So. 2d 356 (Fla. 5th DCA 1996). Id. at 291; see also Blake v. State, 873 So. 2d 1259, 1260 (Fla. 1st DCA 2004) (“Appellant argues that his felony conviction should be reversed because the state amended the…
• State v. Conroy, 118 So. 3d 305 (Fla. 3d DCA 2013)
  …m. P. 3.140(j) (providing "[a]n information on which the defendant is to be tried that charges an offense may be amended on the motion of the prosecuting attorney or defendant at any time prior to trial because of formal defects.”); State v. Garcia, 692 So. 2d 984 (Fla. 3d DCA 1997) (holding state was entitled to amend information on day of trial to correct date of alleged offense from June 24 to July 24, where no prejudice flowed from late correction of scrivener’s error). An amendment which adds a new subst…
• Osteen v. State, 147 So. 3d 678 (Fla. 1st DCA 2014)
  …affidavit of probation violation are generally permitted. Id. (finding there was no error when the trial court permitted the State to amend the affidavit to reflect the correct date that appellant was placed on probation); see also State v. Garcia, 692 So. 2d 984, 985 (Fla. 3d DCA 1997) (finding no prejudice where the State sought to amend the information to reflect the correct date of the charge). Here, the amendment affected the substantive allegations in the affidavit of VOP. The State dropped the new la…