State v. Debianchi

District Court of Appeal of Florida

State v. Debianchi

538 So. 2d 984, 14 Fla. L. Weekly 571, 1989 Fla. App. LEXIS 994, 1989 WL 16149

CourtDistrict Court of Appeal of Florida

DecidedMarch 1, 1989

DocketNo. 87-2935

StatusPublished

Cited by1 cases

This text of 538 So. 2d 984 (State v. Debianchi) 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

State v. Debianchi, 538 So. 2d 984, 14 Fla. L. Weekly 571, 1989 Fla. App. LEXIS 994, 1989 WL 16149 (Fla. Ct. App. 1989).

Pincite

Opinions

PER CURIAM.

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.

HERSEY, C.J., and GUNTHER, J., concur. ANSTEAD, J., concurs specially with opinion.

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