Nicholas T. Anderson v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED NICHOLAS TRAVIS ANDERSON, Appellant, v. Case No. 5D14-3974 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 22, 2015 Appeal from the Circuit Court for Orange County, Tim R. Shea, Judge. Nicholas Travis Anderson, Indiantown, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. HARRIS, C. M., Senior Judge. Appellant’s point on appeal, raised in two counts, neither count being more persuasive than the other, is that an assistant state attorney signed the information in this case as opposed to the state attorney himself and, thus, appellant was denied due process of law. This issue was resolved against appellant in State v. Miller, 313 So. 2d 656 (Fla. 1975). Further, the issue was not raised at or before trial making it not cognizable on collateral appeal. See Smartmays v. State, 901 So. 2d 278 (Fla. 5th DCA 2005). AFFIRMED. ORFINGER and BERGER, JJ., concur. 2

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