STATE v. AKERS

No. 2D11-1131.

104 So.3d 1259 (2013)

STATE of Florida, Appellant, v. Todd Allen AKERS, Appellee.

District Court of Appeal of Florida, Second District.

January 9, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Sara Macks , Assistant Attorney General, Tampa, for Appellant.

Kevin C. Shirley , Punta Gorda, for Appellee.


SILBERMAN, Chief Judge.

The State seeks review of an order dismissing an aggravated child abuse charge based on the indictment's failure to name Todd Allen Akers in that count. We conclude that, because Akers was the only defendant charged and his name was in the caption and introduction to the body of the indictment, this omission did not render the charge so vague that it would have misled Akers or affected the preparation of his defense. Thus, we reverse.

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