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STATE v. PEREZ

No. 98-1877.

783 So.2d 1084 (1998)

The STATE of Florida, Petitioner/Cross-Respondent, v. Edward PEREZ, Respondent/Cross-Petitioner.

District Court of Appeal of Florida, Third District.

December 9, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for petitioner/cross-respondent.

Gregory D. Davila, for respondent/cross-petitioner.

Before NESBITT, GODERICH and SHEVIN, JJ.

PER CURIAM.

The defect in the information was one of form, not substance. Because no risk of double jeopardy is present in the instant case and because the defendant has failed to demonstrate that he was prejudiced in any way as a result of the defect, the charging document is not rendered void as a result of the defect. Tucker v. State, 459 So.2d 306 (Fla.1984). Therefore, we find that the circuit court, appellate division...

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