State v. Schwartz 20 Fla. Supp. 2d 157

20 Fla. Supp. 2d 157

STATE OF FLORIDA v SCHWARTZ

Case No. 85-261 AC

Eleventh Judicial Circuit, Appellate Division, Dade County

December 2, 1986

APPEARANCES OF COUNSEL

Jim Smith, Attorney General, and Nancy C. Wear, Assistant Attorney General, for appellant.

Barry D. Silverstein for appellee.

Before SIMONS, SALMON, ROBINSON, JJ.

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

Case Details

Name

State v. Schwartz

Decision Date

Dec 2, 1986

Citations

20 Fla. Supp. 2d 157

Jurisdiction

Florida

Court

Florida Circuit Court

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