State v. Aaron

District Court of Appeal of Florida

State v. Aaron

409 So. 2d 1214, 1982 Fla. App. LEXIS 29251

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 1982

DocketNo. 81-458

StatusPublished

Cited by2 cases

This text of 409 So. 2d 1214 (State v. Aaron) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Aaron, 409 So. 2d 1214, 1982 Fla. App. LEXIS 29251 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

We reverse the trial court’s order dismissing the information. Defendant concedes error in the motion which was sworn to by counsel rather than by defendant. State v. Holder, 400 So.2d 162 (Fla. 3d DCA 1981); State v. Upton, 392 So.2d 1013 (Fla. 5th DCA 1981). The state, recognizing that the question was not presented to the trial court, argues, in addition, that its traverse precluded dismissal.

For these reasons, we reverse the Order Granting Defendant’s Sworn Motion to Dismiss and remand the cause for further proceedings consistent with this opinion.

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PER CURIAM.

We reverse the trial court’s order dismissing the information. Defendant concedes error in the motion which was sworn to by counsel rather than by defendant. State v. Holder, 400 So.2d 162 (Fla. 3d DCA 1981); State v. Upton, 392 So.2d 1013 (Fla. 5th DCA 1981). The state, recognizing that the question was not presented to the trial court, argues, in addition, that its traverse precluded dismissal.

For these reasons, we reverse the Order Granting Defendant’s Sworn Motion to Dismiss and remand the cause for further proceedings consistent with this opinion.

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Bluebook (online)

409 So. 2d 1214, 1982 Fla. App. LEXIS 29251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aaron-fladistctapp-1982.

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