Wilcox v. State, 70--487
| Decision Date | 07 June 1971 |
| Docket Number | No. 70--487,70--487 |
| Citation | 248 So.2d 692 |
| Parties | James WILCOX, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Ray Sandstrom, of Sandstrom & Hodge, Fort Lauderdale, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.
The defendant, James Wilcox, appeals from a judgment and sentence of the Court of Record for Broward County, Florida.
The defendant was charged by an information filed in that court on 7 March 1969 with having received or aided in the concealment of certain stolen property described as a 1968 Cadillac Eldorado, ID #H8143028 which belonged to the Ft. Lauderdale Lincoln-Mercury Company.
On 18 August 1969 the state filed a motion to amend the information. An order was entered on or about 20 August 1969 granting the state's motion. The amended information was apparently filed on 18 August 1969. It charged the defendant with having received or aided in the concealment of stolen property described as a 1968 Four-door Sedan DeVille, ID # B8152200, belonging to Slaton Rent-A-Car Company. A comparison of the amended information with the original indicates that the amended information charges a totally different crime than that charged in the original information.
After the amended information was filed, the state evidently made an oral motion for leave to 'withdraw' the amended information. An order appears in the record signed by the trial judge on 5 January 1970 in which the trial court, '* * * adjudged that the amended information filed in this cause on August 15, 1969, be, and the same is hereby withdrawn. * * * ' The matter was called for trial on 25 May 1970. Before any testimony was taken, the defendant made an objection to being brought on for trial on the original information. The trial judge overruled the objection and the defendant was tried and found guilty of the charge contained in the original information. He was adjudicated and sentenced to a term of five years and appeals from the adjudication and sentence.
The primary issue presented by the defendant is whether or not the trial court erred in permitting the county solicitor to proceed to trial on the original information, after the same had been amended and the amended information had been withdrawn. The other issues presented by the defendant are rendered moot by our decision on the first issue.
The validity of the procedure by which the...
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State v. Med. Eagle
...“destroyed all functions of the old information as fully as though it had been dismissed by formal motion”); Wilcox v. State, 248 So.2d 692, 694 (Fla.Dist.Ct.App.1971) (stating that the filing of an amended information “has the effect of vitiating the original information as fully as though......
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State v. Clifton, 5D03-4110.
...nolle prosequi. See State v. Anderson, 537 So.2d 1373 (Fla.1989); Pepperel v. State, 335 So.2d 872 (Fla. 2d DCA 1976); Wilcox v. State, 248 So.2d 692 (Fla. 4th DCA 1971). However, when the state files an amended information that does not substantially alter the original charge or otherwise ......
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State v. Clifton, 5D03-4110.
...nolle prosequi. See State v. Anderson, 537 So.2d 1373 (Fla.1989); Pepperel v. State, 335 So.2d 872 (Fla. 2d DCA 1976); Wilcox v. State, 248 So.2d 692 (Fla. 4th DCA 1971). However, when the state files an amended information that does not substantially alter the original charge or otherwise ......
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R. L. J., In Interest of
... ... Melton v. State, 75 So.2d 291, 294 (Fla.1954); 5 Range v ... State, 156 So.2d 534 (Fla.App.2d, 1963); Mallory ... ...