State v. Aaron

District Court of Appeal of Florida

State v. Aaron

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

District Court of Appeal of Florida·Decided February 23, 1982·No. No. 81-458·Published·Cited by 2 cases

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.

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

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Opinion

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