THE STATE OF FLORIDA, APPELLANT,
v.
RICHARD FLAVE SHEDAKER, APPELLEE
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The Florida District Court of Appeal reversed an order quashing a felony information, holding that the information was properly drawn under the relevant statute. The court remanded the case for further proceedings.
The information was properly drawn under § 800.04 Fla.Stat. Therefore, the order quashing the information was erroneous.
“The information, as drawn, charged a crime within the purview of § 800.04 Fla.Stat., F.S.A.”
Establishes the court's finding that the information was correctly filed under the felony statute.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida sought review of a lower court's order quashing an information that charged the appellee with a felony for committing a lewd, las…
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The State seeks review of a criminal court order quashing an information. See: § 924.07(1), Fla.Stat., F.S.A. The information charged the appellee with a felony by committing a lewd, lascivious or indecent act in the presence of a female child of less than fourteen years of age, in violation of § 800.04 Fla.Stat., F.S.A. The appellee moved to quash the information, contending that the alleged acts, at most, constituted an offense as a misdemeanor under § 800.03, Fla.Stat., F.S.A., which motion was granted.1
The information, as drawn, charged a crime within the purview of § 800.04 Fla. *203Stat, F.S.A. See: State v. Peacock, Fla. App.1964, 163 So.2d 46. Therefore, we reverse the order. The cause and the ap-pellee are remanded to the trial court for further proceedings.
Reversed and remanded.
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Citator
Authorities Cited
- State v. Shedaker, 190 So. 2d 429 (Fla. 3d DCA 1966)
- State v. Peacock, 163 So. 2d 46 (Fla. 2d DCA 1964)