State v. Hayes
State v. Hayes
Opinion of the Court
Appellee was charged with robbery, as an accessory after the fact, and with violation of probation. Appellee filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The state responded with a written traverse specifically denying the matters alleged in the motion to dismiss. From the trial court’s order granting appellee’s motion to dismiss the state has perfected this appeal, contending the court erred in granting the motion to dismiss because 1) the motion was improperly sworn to by counsel on information and belief, and 2) the traverse specifically denied the matters alleged in the motion.
Appellee’s motion to dismiss was insufficient because a motion to dismiss sworn to by counsel upon information and belief,
Accordingly, the order granting appel-lee’s motion to dismiss is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.