SIMBERT v. STATE

No. 4D16-1633.

226 So.3d 883 (2017)

Peterson Baltazare SIMBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 23, 2017.


Attorney(s) appearing for the Case

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

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Dale Surber , Senior Assistant Attorney General, West Palm Beach, for appellee.


Appellant was charged with three counts of lewd or lascivious battery on a child over twelve years old. After the victim testified, the state amended the information, over appellant's objection, to change one count from oral to digital penetration. Thus, we are asked to determine if the mid-trial amendment constituted prejudice to appellant...

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