Scala v. State

District Court of Appeal of Florida

Decided November 8, 2000

District Court of Appeal of Florida · decided 2000-11-08

Cited by 2 later decisions — most recently July 2006

2 state decisions

Key passage — most relied on by later courts

“[c]onviction for a charge not made by information or indictment is a denial of due process, and the complete failure to charge a crime is a defect that can be raised at any time, including on appeal.”

quoted by 1 later decision, including Dooley v. State

Relies on State v. Gray · Sullo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-11-08

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PER CURIAM.

¶1We affirm Appellant’s convictions for burglary of an occupied dwelling and grand theft, but reverse the additional conviction and sentence for failure to appear.

¶2Conviction for a charge not made by information or indictment is a denial of due process, and the complete failure to charge a crime is a defect that'can be raised at *733any time, including on appeal. See State v. Gray, 435 So.2d 816 (Fla.1983). We accept the state’s concession of error and reverse the appellant’s conviction and sentence for failure to appear. See, Perry v. State, 663 So.2d 11 (Fla. 4th DCA 1995).

¶3We remand and direct the trial court to vacate the conviction and sentence for failure to appear.

¶4AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, GUNTHER and SHAHOOD, JJ., concur.