Sean D’Auria v. State

Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008 SEAN MICHAEL D'AURIA , Appellant, v. Case No. 5D08-3054 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 21, 2008 3.850 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge. Sean Michael D'Auria, Wewahitchka, Pro Se. Bill McCollum, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Sean Michael D'Auria appeals the denial of his motions for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 in three cases. 1 We affirm for reasons other than those found by the trial court. Technical defects in an information can be waived. Sadler v. State , 949 So. 2d 303, 305 (Fla. 5th DCA 2007). More importantly, the general rule, which has developed 1 Citrus County Case Nos. 06-CF-691, 06-CF-1305 and 07-CF-695. in the context of jurisdiction of a particular court to try a particular case, "is that jurisdiction is to be determined solely from the fact of the information." Zanger v. State, 548 So. 2d 746, 748 (Fla. 4th DCA 1989). Looking solely at the informations filed in D'Auria's cases, there is nothing to indicate the trial court lacked jurisdiction as D'Auria contends. AFFIRMED. PALMER, C.J., ORFINGER and LAWSON, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.