State v. Tucker

District Court of Appeal of Florida

State v. Tucker

474 So. 2d 872, 10 Fla. L. Weekly 2016, 1985 Fla. App. LEXIS 21764

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1985

DocketNo. AY-318

StatusPublished

This text of 474 So. 2d 872 (State v. Tucker) 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. Tucker, 474 So. 2d 872, 10 Fla. L. Weekly 2016, 1985 Fla. App. LEXIS 21764 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The state has appealed an order of the circuit court dismissing the state’s second amended information charging defendant with felony theft. Appellee agrees that the issues presented on appeal are governed by our decision in Allen v. State, 463 So.2d 351 (Fla. 1st DCA 1985), and were decided adversely to appellee’s position. The judgment is reversed and the cause is remanded for further proceedings consistent with the consolidated opinion in Allen v. State, 463 So.2d 351, with leave for appellee to file an amended motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) or to ultimately have an evidentiary hearing on the matters raised by the motion to dismiss.

ERVIN, WENTWORTH and ZEHMER, JJ., concur.

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PER CURIAM.

The state has appealed an order of the circuit court dismissing the state’s second amended information charging defendant with felony theft. Appellee agrees that the issues presented on appeal are governed by our decision in Allen v. State, 463 So.2d 351 (Fla. 1st DCA 1985), and were decided adversely to appellee’s position. The judgment is reversed and the cause is remanded for further proceedings consistent with the consolidated opinion in Allen v. State, 463 So.2d 351, with leave for appellee to file an amended motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) or to ultimately have an evidentiary hearing on the matters raised by the motion to dismiss.

ERVIN, WENTWORTH and ZEHMER, JJ., concur.

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Bluebook (online)

474 So. 2d 872, 10 Fla. L. Weekly 2016, 1985 Fla. App. LEXIS 21764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tucker-fladistctapp-1985.

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