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BANASIK v. STATE

No. 2D03-4872.

889 So.2d 916 (2004)

Sonny BANASIK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Bartow, for Appellant.

Charles J. Crist, Attorney General, Tallahassee, and Timothy A. Freeland and Chandra Waite Dasrat, Assistant State Attorneys, Tampa, for Appellee.

CASANUEVA, Judge.

Sonny Banasik appeals his conviction for escape, alleging that the State failed to properly prove the charge. After reviewing the allegations set forth in the information and noting that the State never elected to amend the information at any point in the proceedings, we agree with Mr. Banasik's contention and reverse.

In pertinent part, the information alleged that Mr. Banasik, "while a prisoner in the lawful custody of a law enforcement...

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