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
GEORGE HOGAN,
Appellant,
v. Case No. 5D16-1191
STATE OF FLORIDA,
Appellee.
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Opinion filed February 3, 2017
Appeal from the Circuit Court
for Orange County,
Heather L. Higbee, Judge.
James S. Purdy, Public Defender, and
Nancy Ryan, Assistant Public Defender,
Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
AFFIRMED. See State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013) (holding
prosecutor has discretion to charge defendant under general crime even though more
specific crime exists).
SAWAYA, ORFINGER and TORPY, JJ., concur.