CURTIS BERNARD HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed convictions for attempted second-degree murder, robbery, and burglary of a dwelling with battery; discrepancy between caption and body of charging document did not constitute fundamental defect where statute was cited and crime was adequately charged.
A charging document's discrepancy between its caption and body does not constitute a fundamental defect when the applicable statute is cited and the crime is adequately charged.
[1] A defect in a charging document is waived if no timely objection is made, provided the document does not wholly fail to state a crime.
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Join FLexlaw to unlock all legal intelligenceCurtis Bernard Hamilton was charged with attempted second-degree murder, robbery, and burglary of a dwelling with battery. The charging document's cap…
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Appellant, Curtis Bernard Hamilton, appeals his convictions and sentences for attempted second-degree murder, robbery, and burglary of a dwelling with battery. Appellant raises ten issues on appeal, only one of which merits discussion.
Appellant argues that he was improperly tried and convicted of burglary of a dwelling with battery when the State charged him with burglary of a structure with battery. Although, as the State concedes, the caption of the charging document alleged burglary of a dwelling with battery while the body of the document alleged burglary of a structure with battery, burglary, which is defined in part as “[ejntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein,” is a first-degree felony when an offender makes an assault or battery upon any person in the course of committing the burglary. See § 810.02(2)(a), Fla. Stat. (2010). The charging document cited to this statute as did Appellant’s judgment. Thus, regardless of whether the victim’s tent was alleged to have been a structure or a dwelling, Appellant was charged and convicted of the first-degree felony of burglary with a battery. As we have explained, a defect in an information is waived if no objection is timely made so long as the information does not wholly fail to state a crime. See State v. Burnette, 881 So.2d 693, 694 (Fla. 1st DCA 2004). Finding no fundamental deficiency in the charging document and no merit in Appellant’s other arguments, we AFFIRM.
DAVIS, PADOVANO, and THOMAS, JJ., concur.
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Citator
Cited By
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Theophilus Bessellieu v. State, 266 So. 3d 1194 (Fla. 1st DCA 2018)
Authorities Cited
- State v. Burnette, 881 So. 2d 693 (Fla. 1st DCA 2004)