HENDERSON v. STATE

No. 4D01-743.

810 So.2d 999 (2002)

Sherman HENDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 2, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

The main issue in this case is whether the state's amendment of an information to charge burglary instead of attempted burglary requires a reversal when the amendment came shortly before jury selection was to begin. The prosecutor gave the defense advance notice of the amendment so that the defense had an adequate opportunity to investigate and prepare a defense to the new charge. Therefore, we affirm.

On July 7, 2000, the state charged appellant...

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