Opinion
Nos. 90-3097, 90-3108.
May 22, 1991.
Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Nancy Perez, Asst. Public Defender, West Palm Beach, for appellees.
We affirm the trial court's dismissal of Counts I and II of the information filed by the state. However, we reverse the dismissal of Count III against Smith for resisting arrest without violence as the trial court erred in finding that the information was so vague and indefinite as to embarrass appellee in the preparation of his defense. State v. Lindsey, 446 So.2d 1074 (Fla. 1984); State v. Waters, 436 So.2d 66 (Fla. 1983).
ANSTEAD, STONE and WARNER, JJ., concur.