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Florida Circuit Courts, 1986

State v. Schwartz

State v. Schwartz
Florida Circuit Courts · Decided December 2, 1986 · Robinson, Salmon, Simons
20 Fla. Supp. 2d 157

Counsel

APPEARANCES OF COUNSEL, Jim Smith, Attorney General, and Nancy C. Wear, Assistant Attorney General, for appellant., Barry D. Silverstein for appellee.

State v. Schwartz

Opinion of the Court

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.

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