HomeMy WebLinkAbout2069 - 434'60.
IN THE CIRCUIT COURT OF THE
NLNETEENTH JUDICIAL CIRCUIT,
IN .AND FOR SAINT LUCIE COUNTY,
- FLORIDA.
- CASE N0. 78-422CA
WILLIAM SCOTT MORRIS, ) -
Appellant, ) - -
v. - ) -
ORDER ON APPEAL
STATE OF FLORIDA, ) :
.Appellee: ) _ -
Oral Argument having been heard February 9, 1979, and the
briefs of the parties having_been considered, it appears. that:
The record shows that Defendant, having-previously been warned
not to enter the store again, did so and .was found guilty of
trespass for doing so. The fact that he had defied the warning -
several times in the interim 'without having been apprehended does
not vitiate the warning~or the subsequent trespass.
The fact that the wrong statutory citation is used in an
information does not render -the proceedings void where the
language of the•information makes clear the correct statute and
I the Defendant is not prejudiced thereby. Fl. R. Crim. Proc. §§3.140
4 -
(d) (1) and 3.140 (o) .
Finally, the sentence imposed was within the maximum set by law
and is not subject to review for propriety, as opposed to legality,
in this Court. Infante v. State, 197 So.2d-542 (3d DCA F1.1967)
For the foregoing-reasons, the judgment and sentence below are
affirmed.
- DONE in Stuart, Florida, this day of February, 1979.
x
E~EED At30 RECOROED'~
Copies to: T ~ UCiE CCl7NjY• FLA.
Hon. E. P. DeFriest, Jr.
Margaret E . Mann Esquire . 434'76U
L. B. Vocelle, Esquire 'T9 FHB 21 PM 12 ~ OT
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