CHARLES JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LOGAN, WALT, Associate Judge.
This is a direct appeal by Charles Johnson from the judgment and sentence imposed following a guilty plea to one count of possession of cocaine. We affirm without discussion the adjudication of guilt and the sentence for the charge of possession of cocaine.
However, we reverse and remand the written judgment adjudicating Johnson guilty of one count of failing to appear for sentencing, a crime for which he was never charged. “[D]ue process prohibits a defendant from being convicted of a crime not charged in the information or indictment.” Crain v. State, 894 So. 2d 59, 69 (Fla.2004). The conviction and sentence for failing to appear is ordered stricken from the record.
Affirmed in part, reversed in part, and remanded.
NORTHCUTT, C.J., and DAVIS, J„ Concur.
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State v. Jarvis Gerrard Green, 149 So. 3d 1146 (Fla. 2d DCA 2014)…ged in the information. Because trespass was not charged and Green did not stipulate to an amendment of the charging document he could not be convicted of that offense unless trespass were a necessarily lesser-included offense. See Johnson v. State, 981 So. 2d 680, 681 (Fla. 2d DCA 2008) (“ ‘[D]ue process prohibits a defendant from being convicted of a crime not charged in the information or indictment.’ ” (quoting Crain v. State, 894 So. 2d 59, 69 (Fla.2004))). However, trespass is not a necessarily lesser-i…
Authorities Cited
- Crain v. State, 894 So. 2d 59 (Fla. 2004)