History
  • No items yet
midpage
Dent v. State
391 So. 2d 742
Fla. Dist. Ct. App.
1980
Check Treatment
PER CURIAM.

Defendant appeals his conviction of unauthorized temporary use of a motor vehicle. Defendant asserts the evidence was insufficient to show that the offense occurred at the particular time contained in a statement of particulars filed by the State. We conclude, after a review of the briefs and transcripts furnished in support of this appeal, that the evidence concerning defendant’s unauthorized use and possession of the car was admissible and adequately supports his conviction. We further conclude that the' defendant was not misled or embarrassed in the preparation or presentation of his defense by any asserted variance between the proof at trial and the statement of particulars. Barber v. State, 243 So.2d 2 (Fla. 2d DCA 1971). Defendant’s other arguments on appeal are without merit and the judgment below is, therefore, affirmed.1

AFFIRMED.

ANSTEAD, MOORE and BERANEK, JJ., concur.

. We do not adopt the argument of the State regarding the effect of an amended information filed in this matter. The amendment did not change the date of the alleged offense and the statement of particulars remained binding upon the State.

Case Details

Case Name: Dent v. State
Court Name: District Court of Appeal of Florida
Date Published: Dec 24, 1980
Citation: 391 So. 2d 742
Docket Number: No. 80-482
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.