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STEPHENS v. MORRISON

No. BB-78.

330 So.2d 769 (1976)

John STEPHENS, Petitioner, v. Harry MORRISON, State Attorney for the Second Judicial Circuit of the State of Florida, and Judges of the Second Judicial Circuit, in and for Leon County, Florida, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied May 18, 1976.

Attorney(s) appearing for the Case

Frank A. Graham, Jr., of Graham & Vossler, Tallahassee, for petitioner.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for respondents.

PER CURIAM.

John Stephens, Relator, was tried under two counts of an information with delivering worthless bank checks. He appealed his conviction and sentence whereupon this Court reversed, reciting that there was a fatal variance between the allegata (of the charging information) and the probata. (Stephens v. State, Fla.App. 1st 1975, 324 So.2d 190)

Subsequent to our opinion and mandate in that case, the State again...

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