George Hogan v. State

District Court of Appeal of Florida

George Hogan v. State

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2017

Docket5D16-1191

StatusPublished

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George Hogan v. State, (Fla. Ct. App. 2017).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

GEORGE HOGAN,

Appellant,

v. Case No. 5D16-1191

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed February 3, 2017

Appeal from the Circuit Court for Orange County, Heather L. Higbee, Judge.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013) (holding

prosecutor has discretion to charge defendant under general crime even though more

specific crime exists).

SAWAYA, ORFINGER and TORPY, JJ., concur.

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