State v. Schwarz

District Court of Appeal of Florida

State v. Schwarz

436 So. 2d 436, 1983 Fla. App. LEXIS 22597

CourtDistrict Court of Appeal of Florida

DecidedAugust 31, 1983

DocketNo. 81-1370

StatusPublished

Cited by1 cases

This text of 436 So. 2d 436 (State v. Schwarz) 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. Schwarz, 436 So. 2d 436, 1983 Fla. App. LEXIS 22597 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

This is an appeal by the State of Florida from an order dismissing an information charging defendant with burglary. The trial court granted the motion to dismiss because the information failed to allege intent to commit a specific offense. The necessity of pleading a specific offense in the information was considered by the Florida Supreme Court recently in State v. Waters, 436 So.2d 66 (Fla.1983). There the supreme court held that it was not necessary to specify the offense to be committed. The Waters decision requires that we reverse the order of the trial court. Of course, the trial court did not have the Waters opinion before it at the time of the ruling herein.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

LETTS, DOWNEY and BERANEK, JJ., concur.

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PER CURIAM.

This is an appeal by the State of Florida from an order dismissing an information charging defendant with burglary. The trial court granted the motion to dismiss because the information failed to allege intent to commit a specific offense. The necessity of pleading a specific offense in the information was considered by the Florida Supreme Court recently in State v. Waters, 436 So.2d 66 (Fla.1983). There the supreme court held that it was not necessary to specify the offense to be committed. The Waters decision requires that we reverse the order of the trial court. Of course, the trial court did not have the Waters opinion before it at the time of the ruling herein.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

LETTS, DOWNEY and BERANEK, JJ., concur.

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436 So. 2d 436, 1983 Fla. App. LEXIS 22597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schwarz-fladistctapp-1983.

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