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McCOY v. STATE

No. 72-460.

277 So.2d 845 (1973)

Fred R. McCOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 25, 1973.

Attorney(s) appearing for the Case

Floyd R. Cox, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

MANN, Chief Judge.

The trial judge correctly allowed amendment of the information to delete "Jr." from the name of McCoy's victim as charged in the information. There was no surprise or prejudice, and the amendment merely conformed the information to the proof. "Jimbo" Romeo is in fact the son of James A. Romeo, but Jimbo is not James A. Romeo, Jr. None of this comes as any surprise to McCoy. In the absence of any showing that the amendment prejudiced McCoy there...

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