METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,

v.

JOAN ANDREU CARTER AND ROBERT C. CARTER, HER HUSBAND, APPELLEES

Citator

Cited By

• Grissom v. State, 405 So. 2d 291 (Fla. 1st DCA 1981)
  …uch as to have misled the defendant or subject him to a substantial possibility of reprosecution for the same offense, the variance is immaterial and does not preclude conviction. See Hagy v. State, 347 So. 2d 773 (Fla. 3d DCA 1977); Ricks v. State, 224 So. 2d 413 (Fla. 3d DCA 1969). In the circumstances of the present case appellant is not subjected to a substantial possibility of reprosecution, and it is clear that he was not misled or prejudiced in his defense: appellant admitted the “taking,” there was no…
• Brownlee v. State, 427 So. 2d 1106 (Fla. 3d DCA 1983)
  …ot be disturbed. See Grissom v. State, 405 So. 2d 291 (Fla. 1st DCA 1981) (indictment charging defendant with unlawful taking of cow contained immaterial variance from proof at trial showing defendant’s unlawful taking of male calf); Ricks v. State, 224 So. 2d 413 (Fla. 3d DCA 1969) (no fatal variance where defendant charged with assault with a brick and proof demonstrated assault was committed with a rock). It was established to the exclusion of every reasonable doubt — and is not challenged here — that appe…
• Grimsley v. State, 251 So. 2d 671 (Fla. 2d DCA 1971)
  …the accused was misled or failed to secure a fair trial because of the inclusion of the allegation. Nelson v. State, Fla.App.1963, 157 So. 2d 96, cert. den. 165 So. 2d 178; Thomas v. State, Fla.App.1966, 183 So. 2d 297; Ricks v. State, Fla.App.1969, 224 So. 2d 413. Affirmed. LILES and McNULTY, JJ., concur.…

Authorities Cited

• Withrow v. Albert E. Perron & the Fla. Indus. Comm'n, 172 So. 2d 820 (Fla. 1965)
• Gertrude Lawley v. Town OF Golfview, 174 So. 2d 767 (Fla. 2d DCA 1965)
• Shearer v. Metro. Dade Cnty., 189 So. 2d 501 (Fla. 3d DCA 1966)