RICARDO MONTANEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The single issue we address is whether failure of an assistant state attorney to sign an information voids the charging document. In Dobson v. State, 434 So. 2d 332 (Fla. 3d DCA 1983), we held that an unsigned information was void, citing Sullivan v. Leatherman, 48 So. 2d 836 (Fla.1950). Subsequent to Sullivan, the supreme court adopted Florida Rule of Criminal Procedure 3.140(g), which provides that an objection to the lack of a proper signature on an information is waived if the defendant fails to raise the issue prior to pleading to the substantive charges. The objection, made for the first time in this appeal, is untimely. See Holt v. State, 516 So. 2d 25 (Fla. 3d DCA 1987) (motion to dismiss prosecution on ground that information was not signed by state attorney, made after public defendant had filed written plea of not guilty, was untimely).
The remaining points on appeal are without merit.
Affirmed.
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Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998)…torney may only be attacked upon a timely objection. Gerlaugh v. Florida Parole Comm’n, 139 So. 2d 888 (Fla.1962). A defendant waives a defect in the information if he fails to object before pleading to the substantive charges. In Montanez v. State, 630 So. 2d 1163 (Fla. 3d DCA 1993), the court considered the issue of “whether failure of an assistant state attorney to sign an information voids the charging document”: In Dobson v. State, 434 So. 2d 332 (Fla. 3d DCA 1983), we held that an unsigned information w…
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Davis v. State, 891 So. 2d 1186 (Fla. 4th DCA 2005)…1st DCA 2002)). We recognize that a defendant is not permitted to rely upon a technical defect which has “occasioned him no prejudice.” Ray, 855 So. 2d at 1262. See also Gerlaugh v. Fla. Parole Comm’n, 139 So. 2d 888 (Fla.1962); Montanez v. State, 630 So. 2d 1163 (Fla. 3d DCA 1993) (failure of an assistant state attorney to sign); Dobson v. State, 434 So. 2d 332 (Fla. 3d DCA 1983) (unsigned information). See also 3.140(g), Fla. R.Crim. P. The circumstances here, however, go beyond such “technical” defects.…
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Byrd v. State, 730 So. 2d 382 (Fla. 3d DCA 1999)…n information on the ground that it was not signed or verified, as herein provided, shall be entertained after the defendant pleads to the merits.” Fla. R.Crim. P. 3.140(g); see Colson v. State, 717 So. 2d 554 (Fla. 4th DCA 1998); Montanez v. State, 630 So. 2d 1163 (Fla. 3d DCA 1993); Holt v. State, 516 So. 2d 25 (Fla. 3d DCA 1987). The rule exists because this is the type of defect which could readily be cured if timely raised in the trial court. Defendant relies on Turner v. State, 444 So. 2d 974 (Fla. 3d DC…
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- Sullivan v. Leatherman, 48 So. 2d 836 (Fla. 1950)
- Dobson v. State, 434 So. 2d 332 (Fla. 3d DCA 1983)
- Holt v. State, 516 So. 2d 25 (Fla. 3d DCA 1987)