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State v. Schwartz

20 Fla. Supp. 2d 157
CourtCircuit Court for the Judicial Circuits of Florida
DecidedDecember 2, 1986
DocketCase No. 85-261 AC
StatusPublished

This text of 20 Fla. Supp. 2d 157 (State v. Schwartz) 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. Schwartz, 20 Fla. Supp. 2d 157 (Fla. Super. Ct. 1986).

Opinion

OPINION OF THE COURT

PER CURIAM.

Appellant appeals the granting of a sworn Motion to Dismiss. We reverse and remand for trial.

The sworn motion to dismiss which was granted by the Court was not a statement of facts as contemplated by Fla. R. Crim. P. 3.190(C)(4) and was legally insufficient on its face to even require a traverse by the State. See State v. Terrell, 406 So.2d 1215 (Fla. 3d DCA 1981), State v. Pena-Salazar, 405 So.2d 254 (Fla. 3d DCA 1981). Having reached this initial conclusion, the remaining points on appeal need not be addressed.

REVERSED.

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Related

State v. Pena-Salazar
405 So. 2d 254 (District Court of Appeal of Florida, 1981)
State v. Terrell
406 So. 2d 1215 (District Court of Appeal of Florida, 1981)

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Bluebook (online)
20 Fla. Supp. 2d 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schwartz-flacirct-1986.