Florida District Courts of Appeal, 1967

State v. Shedaker

State v. Shedaker
Florida District Courts of Appeal · Decided March 14, 1967 · Barkdull, Carroll, Swann
196 So. 2d 202; 1967 Fla. App. LEXIS 5005 (Southern Reporter, Second Series)

State v. Shedaker

Opinion of the Court

BARKDULL, Judge.

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.

. Counsel for the appellee has not favored us. with a brief in this cause to support the ruling of the trial court.

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