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Florida Circuit Courts, 1987

State v. Newman

State v. Newman
Florida Circuit Courts · Decided March 6, 1987
22 Fla. Supp. 2d 148

Counsel

APPEARANCES OF COUNSEL, Jim Smith, Attorney General, for appellant., Richard A. Darr for appellee.

State v. Newman

Opinion of the Court

OPINION OF THE COURT

PER CURIAM.

The granting of the Defendant’s Motion to Dismiss was error. Florida Rule of Criminal Procedure 3.190(d) provides:

“A motion to dismiss under paragraph (c)(4) of this rule shall be *149denied if the State files a traverse which with specificity denied under oath the material fact or facts alleged in the motion to dismiss.”

See State v. Lewis, 463 So.2d 561 (Fla. 2d DCA 1985).

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.