State v. Martinez & Ramirez

Florida Circuit Courts

State v. Martinez & Ramirez

28 Fla. Supp. 2d 124

CourtCircuit Court for the Judicial Circuits of Florida

DecidedApril 21, 1988

DocketCase Nos. 87-182 AC; 87-183 AC; 87-303 AC; and 87-304 AC (County Court Case Nos. 87-63791 and 87-63792)

StatusPublished

This text of 28 Fla. Supp. 2d 124 (State v. Martinez & Ramirez) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Martinez & Ramirez, 28 Fla. Supp. 2d 124 (Fla. Super. Ct. 1988).

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Opinion

OPINION OF THE COURT

PER CURIAM.

These consolidated causes came on to be heard upon appeal by the State of Florida of the trial court’s orders dismissing the charges of selling alcoholic beverages without a proper license, and of the trial court’s orders denying the State’s Motion to Extend Speedy Trial Date.

The trial court erred procedurally in dismissing the charges of selling alcoholic beverages without a proper license. There was no sworn Motion to Dismiss filed pursuant to the Rules of Criminal Procedure; had there been, the State would then have been afforded an opportu[125]*125nity to file a traverse. Because of this procedural infirmity, we reverse and remand for further proceedings.

We also reverse the orders denying the State’s Motion to Extend the Speedy Trial Rule during the pendency of these appeals.

Reversed and Remanded.

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