State v. Parlier

District Court of Appeal of Florida

State v. Parlier

505 So. 2d 620, 12 Fla. L. Weekly 1023, 1987 Fla. App. LEXIS 12094

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1987

DocketNo. 86-1459

StatusPublished

This text of 505 So. 2d 620 (State v. Parlier) 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.

Bluebook

State v. Parlier, 505 So. 2d 620, 12 Fla. L. Weekly 1023, 1987 Fla. App. LEXIS 12094 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

This is an appeal by the state from an order granting the defendant/appellee’s sworn motion to dismiss under Fla.R. Crim.P. 3.190(c)(4). The appellee has confessed error with regard to the trial court’s reliance upon State v. Nieves, No. 84-6152(B) (Fla. 11th Cir.Ct. Apr. 3, 1985), which was reversed by this court in State v. Prieto, 479 So.2d 320 (Fla. 3d DCA 1985), and with regard to the trial court’s several findings of fact which are contested in the appellant/state’s initial brief.

We therefore reverse the order under review and remand the cause to the trial court with instructions to reconsider the motion to dismiss in the light of the facts established pursuant to the confession of error in these appellate proceedings, and in accordance with the applicable law established by Cruz v. State, 465 So.2d 516 (Fla.), cert, denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Reversed and remanded.

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PER CURIAM.

This is an appeal by the state from an order granting the defendant/appellee’s sworn motion to dismiss under Fla.R. Crim.P. 3.190(c)(4). The appellee has confessed error with regard to the trial court’s reliance upon State v. Nieves, No. 84-6152(B) (Fla. 11th Cir.Ct. Apr. 3, 1985), which was reversed by this court in State v. Prieto, 479 So.2d 320 (Fla. 3d DCA 1985), and with regard to the trial court’s several findings of fact which are contested in the appellant/state’s initial brief.

We therefore reverse the order under review and remand the cause to the trial court with instructions to reconsider the motion to dismiss in the light of the facts established pursuant to the confession of error in these appellate proceedings, and in accordance with the applicable law established by Cruz v. State, 465 So.2d 516 (Fla.), cert, denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Reversed and remanded.

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Bluebook (online)

505 So. 2d 620, 12 Fla. L. Weekly 1023, 1987 Fla. App. LEXIS 12094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parlier-fladistctapp-1987.

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