Florida District Courts of Appeal, 2015

Anderson v. State

Anderson v. State
Florida District Courts of Appeal · Decided May 22, 2015 · Berger, Harris, Orfinger
164 So. 3d 747; 2015 Fla. App. LEXIS 7711; 2015 WL 2414369 (Southern Reporter, Third Series)

Anderson v. State

Opinion of the Court

HARRIS, C. M., Senior Judge.

Appellant’s point on appeal, raised in two counts, neither count being more persuasive than the other, is that an assistant state attorney signed the information in this case as opposed to the state attorney himself and, thus, appellant was denied due process of law. This issue was resolved against appellant in State v. Miller, 313 So.2d 656 (Fla. 1975). Further, the issue was not raised at or before trial making it not cognizable on collateral appeal. See Smartmays v. State, 901 So.2d 278 (Fla. 5th DCA 2005).

AFFIRMED.

ORFINGER and BERGER, JJ., concur.

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