State v. Troutman

District Court of Appeal of Florida

State v. Troutman

490 So. 2d 209, 11 Fla. L. Weekly 1415, 1986 Fla. App. LEXIS 8481

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 1986

DocketNo. 85-2522

StatusPublished

This text of 490 So. 2d 209 (State v. Troutman) 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. Troutman, 490 So. 2d 209, 11 Fla. L. Weekly 1415, 1986 Fla. App. LEXIS 8481 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

The final order dismissing the information in this cause is reversed and the cause is remanded for further proceedings. The subject information follows the language of the arson statute [§ 806.01(1), Fla.Stat. (1985)] which the defendant is charged with violating, and alleges all the essential elements of the said statutory offense. Further, the information contains a plain, concise, and definite statement of the essential facts constituting the crime charged so that the defendant herein is neither misled or embarrassed in the preparation of his defense nor exposed to substantial danger of a new prosecution for the same crime after conviction or acquittal. The information alleges the date and place of the offense and charges that the defendant, by fire or explosion, damaged or caused to be damaged a structure, or contents thereof where persons are normally present, to wit: the Dade County Jail. To the extent that there may be some vagueness or ambiguity in the language employed in the information, such could amply be cured by the filing of a bill of particulars upon timely motion of the defendant. Moreover, we are totally unpersuaded by the defendant’s reliance on facts contained in the arrest affidavit filed in this cause, as in our view, an otherwise valid information cannot be rendered defective by facts contained in affidavits, depositions, testimony, pretrial discovery, or other pleadings filed in the cause. See State v. Dilworth, 397 So.2d 292 (Fla.1981); State v. Pajon, 374 So.2d 1070 (Fla. 3d DCA 1979); Fla.R. Crim.P. 3.140(o).

Reversed and remanded.

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PER CURIAM.

The final order dismissing the information in this cause is reversed and the cause is remanded for further proceedings. The subject information follows the language of the arson statute [§ 806.01(1), Fla.Stat. (1985)] which the defendant is charged with violating, and alleges all the essential elements of the said statutory offense. Further, the information contains a plain, concise, and definite statement of the essential facts constituting the crime charged so that the defendant herein is neither misled or embarrassed in the preparation of his defense nor exposed to substantial danger of a new prosecution for the same crime after conviction or acquittal. The information alleges the date and place of the offense and charges that the defendant, by fire or explosion, damaged or caused to be damaged a structure, or contents thereof where persons are normally present, to wit: the Dade County Jail. To the extent that there may be some vagueness or ambiguity in the language employed in the information, such could amply be cured by the filing of a bill of particulars upon timely motion of the defendant. Moreover, we are totally unpersuaded by the defendant’s reliance on facts contained in the arrest affidavit filed in this cause, as in our view, an otherwise valid information cannot be rendered defective by facts contained in affidavits, depositions, testimony, pretrial discovery, or other pleadings filed in the cause. See State v. Dilworth, 397 So.2d 292 (Fla.1981); State v. Pajon, 374 So.2d 1070 (Fla. 3d DCA 1979); Fla.R. Crim.P. 3.140(o).

Reversed and remanded.

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490 So. 2d 209, 11 Fla. L. Weekly 1415, 1986 Fla. App. LEXIS 8481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-troutman-fladistctapp-1986.

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