State v. Newman
22 Fla. Supp. 2d 148
Circuit Court for the Judicial Circuits of Florida·Decided March 6, 1987·No. Case No. 85-195 AC (County Court Case No. E8085, 6MK)·Published
Opinion
OPINION OF THE COURT
The granting of the Defendant’s Motion to Dismiss was error. Florida Rule of Criminal Procedure 3.190(d) provides:
“A motion to dismiss under paragraph (c)(4) of this rule shall be [149]*149denied if the State files a traverse which with specificity denied under oath the material fact or facts alleged in the motion to dismiss.”
See State v. Lewis, 463 So.2d 561 (Fla. 2d DCA 1985).
Reversed.
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State v. Newman, 22 Fla. Supp. 2d 148 (Fla. Super. Ct. 1987).
22 Fla. Supp. 2d 148 (State v. Newman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Lewis
463 So. 2d 561 (District Court of Appeal of Florida, 1985)