ABBATE v. STATE

No. 98-4237.

745 So.2d 409 (1999)

Joseph ABBATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 27, 1999.


Attorney(s) appearing for the Case

Donnie Murrell, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

Defendant argues that the state's information charged him only with violations under subsection (1), (3) and (4) of section 800.04 but that the trial judge instructed on—and the jury found him guilty of—a violation under subsection (2). He also contends that the judge improperly admitted collateral crimes evidence. We agree and reverse.

The facts and circumstances regarding the issue relating to the crimes charged are identical to...

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