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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.
Document Info
Docket Number: Case No. 85-261 AC
Citation Numbers: 20 Fla. Supp. 2d 157
Judges: Robinson, Salmon, Simons
Filed Date: 12/2/1986
Precedential Status: Precedential
Modified Date: 9/22/2021