STATE v. DEBIANCHI

No. 87-2935.

538 So.2d 984 (1989)

STATE of Florida, Appellant, v. Paul Victor DEBIANCHI, Appellee.

District Court of Appeal of Florida, Fourth District.

March 1, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard G. Lubin of Lubin and Minchberg, P.A., West Palm Beach, for appellee.


PER CURIAM.

We affirm dismissal of the indictment charging appellee with nine counts of capital sexual battery, finding that it is so vague, indistinct and indefinite as to mislead appellee and embarrass him in the preparation of his defense and to expose him to the possibility of a second prosecution for the same offense.

Our affirmance is without prejudice to the state, unless otherwise prevented from doing so, to obtain a new indictment based upon more...

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