State v. Critzer
State v. Critzer
Opinion of the Court
The state petitions this Court to issue a writ of common law certiorari to review a final order of the circuit court of the Ninth Judicial Circuit sitting in its review capacity. The circuit court affirmed a county court’s order dismissing the state’s Notice to Appear which had charged defendant with petit theft in violation of Section 812.-014, Florida Statutes (1977). The county court stated that the Notice to Appear failed to state the essential elements of the crime of petit theft.
We find that the notice to appear was sufficient to inform the defendant of the nature of the offense charged. Compare, Martinez v. State, 368 So.2d 338 (Fla. 1978).
We doubt that the legislature and Florida Supreme Court intended Notices to Appear issued under field conditions by law enforcement officers to be held to the same strict standards as are indictments and in-formations. Prosecution of misdemeanors by Notices to Appear is given a special section in the Rules of Criminal Procedure,
For these reasons, the petition for writ of certiorari is granted; the order of the circuit court is vacated and the cause is remanded with directions to the circuit court to vacate the order of the county court and remand with directions to reinstate the notice to appear.
It is so ordered.
. See Rules 3.125, 3.140(a)(2), Fla.R.Crim.P.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.