Florida District Courts of Appeal, 1982

State v. Colquitt

State v. Colquitt
Florida District Courts of Appeal · Decided April 6, 1982 · Ferguson, Hendry, Pearson
411 So. 2d 1039; 1982 Fla. App. LEXIS 19715 (Southern Reporter, Second Series)

State v. Colquitt

Opinion of the Court

PER CURIAM.

The trial court erred, and defendant candidly confesses error, in dismissing an information at bond hearing for lack of probable cause. Except for appropriately ruling on a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), which was not filed in this cause, a trial court may not dismiss a duly returned information on a finding that the evidence is insufficient to support it. State v. Brooks, 388 So.2d 1291 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings.

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