State v. Gower
State v. Gower
Opinion of the Court
This cause is before us on appeal by the State from an order of the trial judge granting appellees’ motion under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, on the authority of Lornitis v. State, 394 So.2d 455 (Fla. 1st DCA 1981), and Shad v. State, 394 So.2d 1114 (Fla. 1st DCA 1981). The trial court dismissed the information charging appellee Languein with possession in excess of 400 grams of cocaine and 100 pounds of cannabis and that count of the information charging appellee Gower with possession in excess of 100 pounds of cannabis. We affirm in part and reverse in part.
Appellees filed a motion to dismiss
The issue presented for our consideration is whether the facts establish a prima facie showing of possession of the cannabis by appellees and of the cocaine by appellee Languein. We find that the foregoing facts create an inference sufficient to withstand a 3.190(c)(4) motion to dismiss that appellee Gower had the ability to maintain
. Although not raised on appeal or contested below, the motion to dismiss should have been summarily denied by the, trial judge because it was not sufficiently verified as required by Rule 3.190(c)(4), Fla.R.Crim.P., which contemplates an oath by a person having first-hand knowledge of the facts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.