State v. Henson

Florida District Courts of Appeal
State v. Henson, 443 So. 2d 507 (1984)
1984 Fla. App. LEXIS 11341
Anstead, Downey, Hurley

State v. Henson

Opinion of the Court

PER CURIAM.

The circuit court, acting in its appellate capacity, ruled that the state must charge violations of Sections 316.193(l)(a) and (b), *508Florida Statutes (1982) in separate counts of an information rather than combining allegations as to (a) and (b), as alternative theories of prosecution in a single count. We find no error in that ruling. Cf United States v. Starks, 515 F.2d 112 (3d Cir. 1975) and United States v. Goodman, 285 F.2d 378 (5th Cir. 1960), cert. denied, 366 U.S. 930, 81 S.Ct. 1651, 6 L.Ed.2d 389 (1961). Accordingly, we deny the state’s petition for writ of certiorari.

ANSTEAD, C.J., and DOWNEY and HURLEY, JJ., concur.

Reference

Full Case Name
STATE of Florida v. Carl P. HENSON
Cited By
3 cases
Status
Published