KENYATTA HARMON
v.
STATE
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An information that states the defendant possessed a firearm and cites the enhancement statute is sufficient, and technical defects in charging documents are not structural error requiring reversal when not timely objected to.
[1] An information that states the defendant possessed a firearm and cites to the enhancement statute is sufficient to support enhancement of actual firearm possession.
[2] Technical defects in a charging document are not per se reversible structural error, and failure to raise a timely objection to such defects prior to jury verdict results…
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Join FLexlaw to unlock all legal intelligenceKenyatta Harmon was charged with a crime involving firearm possession. The information alleged defendant possessed a firearm and cited Florida Statute…
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PER CURIAM.
Affirmed. Delgado v. State, 43 So. 3d 132, 134-35 (Fla. 3d DCA 2010) (finding information that stated the “defendant possessed a firearm” and cited to section 775.087, Florida Statutes, was sufficient to allow for enhancement of actual possession of a firearm); see also Robinson v. State, 215 So. 3d 1262 (Fla. 1st DCA 2017) (holding technical defects in a charging document are no longer “structural” constituting per se reversible error, and a defendant’s failure to raise a timely objection to a charging document’s technical insufficiency prior to a jury verdict results in waiver).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Delgado v. State, 43 So. 3d 132 (Fla. 3d DCA 2010)
- Ivory Lee Robinson v. State, 215 So. 3d 1262 (Fla. 1st DCA 2017)