State v. Henson, 443 So. 2d 507

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), Florida 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.

Case Details

Case Name: State v. Henson

Court Name: District Court of Appeal of Florida

Date Published: Jan 18, 1984

Citations: 443 So. 2d 507; 1984 Fla. App. LEXIS 11341; No. 83-1871

Docket Number: No. 83-1871

Court Abbreviation: Fla. Dist. Ct. App.