JOSE ANTONIO MARTINEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001)
  …n that a crime has been committed is not enough. State v. Gardner, 112 N.M. 280, 814 P. 2d 458 (Ct.App.1991). On the other hand, it is not essential that the State prove that Ms. Bowen was an eyewitness to each of Carr’s crimes. See State v. Taylor, 283 So. 2d 882 (Fla. 4th DCA 1973) (reversing dismissal of information for accessory after the fact when traverse alleged that the principal told defendant she had committed crimes). We conclude that the State must prove that Ms. Bowen either directly knew or was…

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• State v. Fields, 390 So. 2d 128 (Fla. 4th DCA 1980)
  …o dismiss; the charge was understood and the defense was ready. In view of our finding that the allegation was imperfect but not fatally defective, we hold that the pleading error was waived pursuant to Rule 3.190(c), Fla.R.Crim.P. State v. Taylor, 283 So. 2d 882 (Fla. 4th DCA 1973). We acknowledge that there is a substantial and respectable body of case law to the contrary. See, e. g., United States v. Thomas, 444 F. 2d 919 (D.C. Cir. 1971); Adkins v. State, 389 P. 2d 915 (Alaska 1964); State v. Sanders, 28…
• Lemar Haselden v. State, 386 So. 2d 624 (Fla. 4th DCA 1980)
  …f a timely objection is raised. Ferrell v. State, 358 So. 2d 843 (Fla. 3rd DCA 1978). The failure to timely raise a defect in an information constitutes a waiver of the defect unless the information wholly fails to charge a crime. State v. Taylor, 283 So. 2d 882 (Fla. 4th DCA 1973); Tracey v. State, 130 So. 2d 605 (Fla.1961). The failure to allege one ingredient of an offense does not render an information invalid as wholly failing to state a crime. Id. at 611. Although the information here is defective, it…

Authorities Cited

• State v. Wright, 265 So. 2d 361 (Fla. 1972)