ROBERT M. GRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT M. GRAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
869 So. 2d 613
Florida District Court of Appeal, Fifth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AEFIRMED. See Gray v. State, 831 So. 2d 202 (Fla. 5th DCA 2002).
SHARP, W., GRIFFIN and PLEUS JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Castillo v. State, 929 So. 2d 1180 (Fla. 4th DCA 2006)…e-sentence him accordingly. It is a basic tenet of constitutional law that due process is violated when an individual is convicted of a crime not charged in the charging instrument. See State v. Gray, 435 So. 2d 816, 818 (Fla.1983); Moran v. State, 869 So. 2d 613, 615 (Fla. 4th DCA 2004); Mauldin v. State, 696 So. 2d 801, 801 (Fla. 2d DCA 1997). “[T]he test for granting relief based on a defect in the charging document is actual prejudice to the fairness of the trial.” Gray, 435 So. 2d at 818. So-called tech…
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Jeanson Jacques v. State, 1 So. 3d 1112 (Fla. 4th DCA 2009)…o charge a crime. Cf. State v. Gray, 435 So. 2d 816, 818 (Fla.1983). The information was not fundamentally defective. See Price v. State, 995 So. 2d 401 (Fla.2008); White v. State, 973 So. 2d 638 (Fla. 4th DCA 2008). [*1113] See also Moran v. State, 869 So. 2d 613 (Fla. 4th DCA 2004). The information sufficiently put appellant on notice of the offense charged and he was not prejudiced in his defense. His conviction is not subject to attack based on the alleged defect in the information. See Fla. R.Crim. P.…