State v. Wardlow

District Court of Appeal of Florida

State v. Wardlow

356 So. 2d 901, 1978 Fla. App. LEXIS 15205

District Court of Appeal of Florida·Decided March 22, 1978·No. No. 77-2066·Published·Cited by 3 cases

Opinion

PER CURIAM.

Appellant, the State of Florida, contends that the trial court erred in granting the motion to dismiss filed by appellee/defend-ant, Johnny Wardlow. We agree.

After appellee filed a motion to dismiss a one-count information charging him with making a false statement for the purpose of obtaining food stamps, in violation of Section 409.325, Florida Statutes (Supp.1976), the state filed a sworn traverse which specifically denied the factual allegations contained in the motion. Fla.R.Crim.P. 3.190(d) states in pertinent part: “A motion to dismiss under paragraph (c)(4) of this rule shall be denied if the state files a traverse which denies under oath a material fact alleged in the motion to dismiss.” Accordingly, the trial court should have denied the motion, and it was error to dismiss the information. See State v. News-Press Publishing Co., 338 So.2d 1313 (Fla. 2d DCA 1976).

We reverse the trial court’s order and remand the case for further proceedings consistent with this opinion.

REVERSED and REMANDED.

BOARDMAN, C. J., and HOBSON and GRIMES, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, the State of Florida, contends that the trial court erred in granting the motion to dismiss filed by appellee/defend-ant, Johnny Wardlow. We agree.

After appellee filed a motion to dismiss a one-count information charging him with making a false statement for the purpose of obtaining food stamps, in violation of Section 409.325, Florida Statutes (Supp.1976), the state filed a sworn traverse which specifically denied the factual allegations contained in the motion. Fla.R.Crim.P. 3.190(d) states in pertinent part: “A motion to dismiss under paragraph (c)(4) of this rule shall be denied if the state files a traverse which denies under oath a material fact alleged in the motion to dismiss.” Accordingly, the trial court should have denied the motion, and it was error to dismiss the information. See State v. News-Press Publishing Co., 338 So.2d 1313 (Fla. 2d DCA 1976).

We reverse the trial court’s order and remand the case for further proceedings consistent with this opinion.

REVERSED and REMANDED.

BOARDMAN, C. J., and HOBSON and GRIMES, JJ., concur.

State v. Wardlow, 356 So. 2d 901, 1978 Fla. App. LEXIS 15205 (Fla. Ct. App. 1978).

Pincite

356 So. 2d 901 (State v. Wardlow) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related