State v. Debianchi
538 So. 2d 984, 14 Fla. L. Weekly 571, 1989 Fla. App. LEXIS 994, 1989 WL 16149
District Court of Appeal of Florida·Decided March 1, 1989·No. No. 87-2935·Published·Cited by 1 cases
Opinions
We affirm dismissal of the indictment charging appellee with nine counts of capital sexual battery, finding that it is so vague, indistinct and indefinite as to mislead appellee and embarrass him in the preparation of his defense and to expose him to the possibility of a second prosecution for the same offense.
Our affirmance is without prejudice to the state, unless otherwise prevented from doing so, to obtain a new indictment based upon more certain time periods for commission of the various offenses.
AFFIRMED.
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State v. Debianchi, 538 So. 2d 984, 14 Fla. L. Weekly 571, 1989 Fla. App. LEXIS 994, 1989 WL 16149 (Fla. Ct. App. 1989).
538 So. 2d 984 (State v. Debianchi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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