BRIAN BARROSO
v.
STATE OF FLORIDA
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A charging document that substantially but imperfectly charges a crime is not fundamentally deficient.
[1] A charging document that substantially but imperfectly charges a crime is not fundamentally deficient, and formal defects may be amended on motion of the prosecuting atto…
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Join FLexlaw to unlock all legal intelligence“A charging document that substantially but imperfectly charges a crime is not fundamentally deficient.”
Court's statement of applicable law from Wilson v. State, 278 So. 3d 725, 727 (Fla. 3d DCA 2019)
Brian Barroso appealed a conviction from the Circuit Court for Monroe County. The appeal involved a challenge to the sufficiency of the charging docum…
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Third District Court of Appeal State of Florida
Opinion filed May 13, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D24-2114 Lower Tribunal No. 23-CF-88-A-K
Brian Barroso, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Monroe County, Mark Wilson, Judge.
Brian Barroso, in proper person.
James Uthmeier, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Wilson v. State, 278 So. 3d 725, 727 (Fla. 3d DCA 2019) ("A charging document that substantially but imperfectly charges a crime is not fundamentally deficient."); see also Fla. R. Crim. P. 3.140(j) (“An information . . . may be amended on the motion of the prosecuting attorney or defendant at any time prior to trial because of formal defects.").
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