State v. Sanders
The State appealed a trial court order dismissing a battery information after the court refused to let the State correct a clerical date error (2020 instead of 2021) mid-trial and instead granted the defendant's oral motion to dismiss. The Second DCA reversed, holding that the trial court abused its discretion because the defendant showed no actual prejudice—he did not assert an alibi defense and the police report's description (a Super Bowl tailgate in Tampa) made clear the correct year, of which the court took judicial notice.
Key facts
- The State charged Sanders with battery and alleged the offense occurred on a specific date in 2020, but the police report and other charging documents clearly indicated the incident happened at a Super Bowl tailgate in Tampa in 2021.
- During trial, the State sought to amend the information to correct the year from 2020 to 2021; the trial court refused the amendment and granted Sanders's oral motion to dismiss the information.
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Why it matters
This opinion reinforces that Florida courts should permit the State to correct clerical/date errors in charging documents mid-trial absent a genuine showing of prejudice, such as an alibi defense, and confirms courts… — full analysis with a trial
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