Foss v. State

District Court of Appeal of Florida

Foss v. State

834 So. 2d 404, 2003 Fla. App. LEXIS 292, 2003 WL 131587

CourtDistrict Court of Appeal of Florida

DecidedJanuary 17, 2003

DocketNo. 5D01-2512

StatusPublished

Cited by19 cases

This text of 834 So. 2d 404 (Foss v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foss v. State, 834 So. 2d 404, 2003 Fla. App. LEXIS 292, 2003 WL 131587 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Patrick Foss appeals his conviction for four counts of sexual battery on a child under 16 and two counts of lewd or lascivious molestation pursuant to section 800.04, Florida Statutes (1999).

The amended information properly set forth the elements necessary to charge Foss with violations of sections 800.04(4)(a) and 800.04(5)(a), Florida Statutes (1999), but erroneously cited to section 800.04(2), Florida Statutes (1999). We do not find that the erroneous references to the incorrect section of the statute is fatal. An erroneous reference to a statute in the information is not fatal to a conviction if the information properly pleads the necessary elements of the offense. E.g., B.H. v. State, 645 So.2d 987 (Fla.1994), cert. denied, 515 U.S. 1132, 115 S.Ct. 2559, 132 L.Ed.2d 812 (1995); Mosely v. State, 688 So.2d 999 (Fla. 2d DCA 1997).

The remaining issues raised on appeal were not preserved. We remand for correction of the errors in the judgment that made reference to the incorrect citations.

AFFIRMED but REMANDED.

PETERSON, PLEUS and PALMER, JJ., concur.

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PER CURIAM.

Patrick Foss appeals his conviction for four counts of sexual battery on a child under 16 and two counts of lewd or lascivious molestation pursuant to section 800.04, Florida Statutes (1999).

The amended information properly set forth the elements necessary to charge Foss with violations of sections 800.04(4)(a) and 800.04(5)(a), Florida Statutes (1999), but erroneously cited to section 800.04(2), Florida Statutes (1999). We do not find that the erroneous references to the incorrect section of the statute is fatal. An erroneous reference to a statute in the information is not fatal to a conviction if the information properly pleads the necessary elements of the offense. E.g., B.H. v. State, 645 So.2d 987 (Fla.1994), cert. denied, 515 U.S. 1132, 115 S.Ct. 2559, 132 L.Ed.2d 812 (1995); Mosely v. State, 688 So.2d 999 (Fla. 2d DCA 1997).

The remaining issues raised on appeal were not preserved. We remand for correction of the errors in the judgment that made reference to the incorrect citations.

AFFIRMED but REMANDED.

PETERSON, PLEUS and PALMER, JJ., concur.

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834 So. 2d 404, 2003 Fla. App. LEXIS 292, 2003 WL 131587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foss-v-state-fladistctapp-2003.

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