RODRIGUEZ v. STATE

No. 78-1031.

369 So.2d 423 (1979)

Juan RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 3, 1979.


Attorney(s) appearing for the Case

Sugarman & Arnold, Coral Gables, for appellant.

Jim Smith, Atty. Gen., and James H. Greason, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, J., and CHARLES CARROLL (Ret.), and EZELL, BOYCE F., Jr. (Ret.), Associate Judges.


PER CURIAM.

Juan Rodriguez appeals from a judgment of conviction entered upon a jury verdict of guilty to the charge of aggravated battery with a deadly weapon. We reverse and remand with directions to dismiss the defective information filed against the appellant.

The trial court erred when it denied the appellant's motion to dismiss the information where that information failed to recite the essential facts constituting the offense of aggravated battery....

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