“mistake” in this case – the failure of the information to allege specifically what
everyone knew to be true, that the victim was under sixteen – should result in the
outright acquittal of the defendant for a crime not only fully established by the
evidence, but essentially uncontradicted."
And while we're at it, a shout out to veteran appellate lawyer John Lipinsky for his reversal
and win in Mestral v. State, in which the police, after taking the defendant into custody in his front yard, searched his house in a "protective sweep", without any basis whatsoever.
Doesn't Judge Reemberto Diaz know by now that the 3rd is very very protective when it comes to a person's home? Apparently not.