PATRICK FOSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Lewd Or Lascivious Molestation cases and more on FLexlaw
PER CURIAM.
Patrick Foss appeals his conviction for four counts of sexual battery on a child under 16 and two counts of lewd or lascivious molestation pursuant to section 800.04, Florida Statutes (1999).
The amended information properly set forth the elements necessary to charge Foss with violations of sections 800.04(4)(a) and 800.04(5)(a), Florida Statutes (1999), but erroneously cited to section 800.04(2), Florida Statutes (1999). We do not find that the erroneous references to the incorrect section of the statute is fatal. An erroneous reference to a statute in the information is not fatal to a conviction if the information properly pleads the necessary elements of the offense. E.g., B.H. v. State, 645 So. 2d 987 (Fla.1994), cert. denied, 515 U.S. 1132, 115 S.Ct. 2559, 132 L.Ed.2d 812 (1995); Mosely v. State, 688 So. 2d 999 (Fla. 2d DCA 1997).
The remaining issues raised on appeal were not preserved. We remand for correction of the errors in the judgment that made reference to the incorrect citations.
AFFIRMED but REMANDED.
PETERSON, PLEUS and PALMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- B.H. v. State, 645 So. 2d 987 (Fla. 1994)
- Deran Mosely v. State, 688 So. 2d 999 (Fla. 2d DCA 1997)
- Duvall v. City of Santa Monica, 515 U.S. 1132 (U.S. 1995)
- Ross v. United States, 515 U.S. 1132 (U.S. 1995)