State v. Schwartz

Florida Circuit Courts

State v. Schwartz

20 Fla. Supp. 2d 157

Circuit Court for the Judicial Circuits of Florida·Decided December 2, 1986·No. Case No. 85-261 AC·Published

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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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.

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

Pincite

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Opinion

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