DocketNumber: No. 7001
Citation Numbers: 33 Fla. Supp. 127
Judges: Dekle
Filed Date: 3/6/1970
Status: Precedential
Modified Date: 1/12/2023
This cause is before this court on the appeal of Wyman Street Hudson from a final judgment of conviction and sentence in the metropolitan court of Dade County.
Appellant was charged in a summons of the offense of “improper starting from stopped position.” Appellant pled not guilty to the charge and was found guilty of a violation of §30-53.1 of the Code of Metropolitan Dade County, and judgment and sentence entered thereon. §30-53.1 reads as follows —
“No person shall move a vehicle which is stopped, standing or parked, unless and until such movement can be made with reasonable safety.”
There is nothing in the language of the charge set forth in the summons that would direct the defendant-appellant’s attention to the section of the code allegedly violated by him.
In order to afford a defendant due process of law, it is essential that he be apprised of the nature of the offense for which he is
In general, to charge one with an offense defined by statute, the offense should be charged in the very language of the statute or in language of equivalent import. Humphreys v. State (1879), 17 Fla. 381. In the instant case, neither the language of the ordinance was set forth nor was the alleged charge in such equivalent language really sufficient to put the defendant on notice of the section of the code which he had allegedly violated.
For the foregoing reasons, the judgment of the conviction and sentence of the appellant is reversed.