MARIO SYLVESTER MACIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*114] PER CURIAM.
Based upon our consideration of the briefs and oral argument and our review of the record on appeal we are of the opinion that defendant has failed to demonstrate reversible error. The information filed on November 13, 1972, charging defendant with a lewd and lascivious act upon a person under the age of fourteen years, charged the defendant with a new crime and was not grounded on the same conduct or criminal episode previously contained in Count II of the information filed on February 11, 1972 and nolle prossed on July 14, 1972. See F.R.Cr.P. 3.191(h)(2), 33 F.S.A.; Bryant v. Blount, Fla.App.1972, 261 So. 2d 847. Moreover, the defendant was not properly charged with a criminal offense until November 13, 1972. See Schroeder v. State, Fla.App.1971, 252 So. 2d 270.
Affirmed.
CROSS and MAGER, JJ., and SMITH, D. C., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MacIas v. State, 302 So. 2d 415 (Fla. 1974)…Certiorari denied. 294 So. 2d 113. ADKINS, C. J., and ROBERTS, McCAIN, DEKLE, and OVERTON, JJ., concur.…
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Japanese Gardens Mobile Ests., Inc. v. Frederick K. Hunt et ux., 305 So. 2d 202 (Fla. 1974)…Certiorari denied. 294 So. 2d 113. ADKINS, C. J., and ROBERTS, McCAIN, DEKLE and OVERTON, JJ., concur.…
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Moore v. Japanese Gardens Mobile Ests., Inc., 356 So. 2d 922 (Fla. 2d DCA 1978)…nd is hereby, REVERSED and the case REMANDED. GRIMES and OTT, JJ., concur. . The two prior appeals to this court are: Japanese Gardens Mobile Estates, Inc. v. Hunt, 261 So. 2d 193 (Fla. 2d DCA 1972); Japanese Gardens Mobile Estates, Inc. v. Hunt, 294 So. 2d 113 (Fla. 2d DCA 1972), cert. denied, 305 So. 2d 202 (Fla. 1974). . Japanese Gardens Mobile Estates, Inc. v. Hunt, 261 So. 2d 193 (Fla. 2d DCA 1972).…
Authorities Cited
- Bryant v. Uriel Blount, Jr., 261 So. 2d 847 (Fla. 1st DCA 1972)
- Schroeder v. State, 252 So. 2d 270 (Fla. 4th DCA 1971)