Montanez v. State, 630 So. 2d 1163

PER CURIAM.

The single issue we address is whether failure of an assistant state attorney to sign an information voids the charging document. In Dobson v. State, 434 So.2d 332 (Fla. 3d DCA 1983), we held that an unsigned information was void, citing Sullivan v. Leatherman, 48 So.2d 836 (Fla. 1950). Subsequent to Sullivan, the supreme court adopted Florida Rule of Criminal Procedure 3.140(g), which provides that an objection to the lack of a proper signature on an information is waived if the defendant fails to raise the issue prior to pleading to the substantive charges. The objection, made for the first time in this appeal, is untimely. See Holt v. State, 516 So.2d 25 (Fla. 3d DCA 1987) (motion to dismiss prosecution on ground that information was not signed by state attorney, made after public defendant had filed written plea of not guilty, was untimely).

The remaining points on appeal are without merit.

Affirmed.

Notes

*

Chief Judge Schwartz did not hear oral argument but participated in the decision.

Case Details

Case Name: Montanez v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 21, 1993

Citations: 630 So. 2d 1163; 1993 WL 530842; 91-2381

Docket Number: 91-2381

Court Abbreviation: Fla. Dist. Ct. App.