Opinion

State v. Newman

22 Fla. Supp. 2d 148 · Circuit Court for the Judicial Circuits of Florida · Mar 6, 1987

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STATE OF FLORIDA v. NEWMAN

Opinions in this case

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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 [149] denied 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.