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270 So. 2d 464

Docket No. 72-669.

MacHin v. State

Mario MACHIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 15, 1972.

District Court of Appeal of Florida · decided 1972-12-15

Cited by 8 later decisions — most recently June 1981

8 state decisions

Key passage — most relied on by later courts

“"Defects and Variances: No indictment or information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the indictment or information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the indictment or information is so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense."”

quoted by 2 later decisions, including 349 So. 2d 820 - Carey v. State, 368 So. 2d 338 - Martinez v. State

Relies on 84 So. 2d 329 - Drozewski v. State · State v. Moss · State v. Cossack

Good law ✅— No negative treatment on recordhow we know

Decided 1972-12-15

View the full empirical analysis of this case →

¶1Phillip A. Hubbart, Public Defender, and Alan S. Becker, Asst. Public Defender, and William Clay, Legal Intern, for appellant.

¶2Robert L. Shevin, Atty. Gen., and Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.

¶4PER CURIAM.

¶5Defendant-appellant, Mario Machin, seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of unlawful introduction of contraband into a place of detention.

¶6Defendant was an inmate at the Florida Division of Corrections Road Prison at Big Pine Key in Monroe County. One evening defendant Machin was late in returning to the camp following a family furlough and upon his arrival he was searched by the officers in charge whereupon marijuana was found in his possession. On appeal defendant argues that the information filed charging him with a violation of F.S. § 944.47, F.S.A. was legally insufficient because the Big Pine Key Road Camp was not identified as part of the Florida Division of Corrections.

¶7The purpose of an information is to fairly apprise the defendant of the offense with which he is charged. Drozewski v. State, Fla. 1955, 84 So.2d 329. An information should not be dismissed "unless *465 the court shall be of the opinion that the indictment, information, or affidavit is so vague, indistinct and indefinite as to mislead the accused and embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense." CrPR 3.140(o), 33 F.S.A. The information hereunder review is sufficient under the above requirements to place defendant on notice. He was not misled or embarrassed in the preparation of his defense and he was not exposed to possible double jeopardy. State v. Moss, Fla.App. 1968, 206 So.2d 692; State v. Cossack, Fla. App. 1967, 205 So.2d 344.

¶8Defendant's remaining point has been examined and found to be without sufficient merit to demand a reversal.

¶9No reversible error having been made to appear, the judgment and sentence hereunder review are affirmed.

¶10Affirmed.

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