State v. Henson

District Court of Appeal of Florida

State v. Henson

443 So. 2d 507, 1984 Fla. App. LEXIS 11341

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1984

DocketNo. 83-1871

StatusPublished

Cited by3 cases

This text of 443 So. 2d 507 (State v. Henson) 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.

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State v. Henson, 443 So. 2d 507, 1984 Fla. App. LEXIS 11341 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

The circuit court, acting in its appellate capacity, ruled that the state must charge violations of Sections 316.193(l)(a) and (b), [508]*508Florida Statutes (1982) in separate counts of an information rather than combining allegations as to (a) and (b), as alternative theories of prosecution in a single count. We find no error in that ruling. Cf United States v. Starks, 515 F.2d 112 (3d Cir. 1975) and United States v. Goodman, 285 F.2d 378 (5th Cir.1960), cert. denied, 366 U.S. 930, 81 S.Ct. 1651, 6 L.Ed.2d 389 (1961). Accordingly, we deny the state’s petition for writ of certiorari.

ANSTEAD, C.J., and DOWNEY and HURLEY, JJ., concur.

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PER CURIAM.

The circuit court, acting in its appellate capacity, ruled that the state must charge violations of Sections 316.193(l)(a) and (b), [508]*508Florida Statutes (1982) in separate counts of an information rather than combining allegations as to (a) and (b), as alternative theories of prosecution in a single count. We find no error in that ruling. Cf United States v. Starks, 515 F.2d 112 (3d Cir. 1975) and United States v. Goodman, 285 F.2d 378 (5th Cir.1960), cert. denied, 366 U.S. 930, 81 S.Ct. 1651, 6 L.Ed.2d 389 (1961). Accordingly, we deny the state’s petition for writ of certiorari.

ANSTEAD, C.J., and DOWNEY and HURLEY, JJ., concur.

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443 So. 2d 507, 1984 Fla. App. LEXIS 11341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-henson-fladistctapp-1984.

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