Opinion
No. 66-156.
March 14, 1967.
Appeal from the Criminal Court of Record for Dade County, Carling Stedman, J.
Earl Faircloth, Atty. Gen., Arden M. Siegendorf, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Joseph Durant, Asst. State Atty., for appellant.
Philip Carlton, Jr., Miami, for appellee.
Before CARROLL, BARKDULL and SWANN, JJ.
The State seeks review of a criminal court order quashing an information. See: § 924.07(1), Fla. Stat., F.S.A. The information charged the appellee with a felony by committing a lewd, lascivious or indecent act in the presence of a female child of less than fourteen years of age, in violation of § 800.04 Fla. Stat., F.S.A. The appellee moved to quash the information, contending that the alleged acts, at most, constituted an offense as a misdemeanor under § 800.03, Fla. Stat., F.S.A., which motion was granted.
Counsel for the appellee has not favored us with a brief in this cause to support the ruling of the trial court.
The information, as drawn, charged a crime within the purview of § 800.04 Fla. Stat., F.S.A. See: State v. Peacock, Fla. App. 1964, 163 So.2d 46. Therefore, we reverse the order. The cause and the appellee are remanded to the trial court for further proceedings.
Reversed and remanded.