State v. Aaron, 81-458
Citation | 409 So.2d 1214 |
Decision Date | 23 February 1982 |
Docket Number | No. 81-458,81-458 |
Parties | The STATE of Florida, Appellant, v. Fred H. AARON, Appellee. |
Court | Court of Appeal of Florida (US) |
Appeal from Circuit Court, Dade County; George Orr, Judge.
Jim Smith, Atty. Gen., and Alan T. Lipson, Asst. Atty. Gen., for appellant.
Carl L. Masztal, Miami, for appellee.
Before HENDRY and BASKIN, JJ., and LETTS, GAVIN K., Associate Judge.
We reverse the trial court's order dismissing the information. Defendant concedes error in the motion which was sworn to by counsel rather than by defendant. State v. Holder, 400 So.2d 162 (Fla. 3d DCA 1981); State v. Upton, 392 So.2d 1013 (Fla. 5th DCA 1981). The state, recognizing that the question was not presented to the trial court, argues, in addition, that its traverse precluded dismissal.
For these reasons, we reverse the Order Granting Defendant's Sworn Motion to Dismiss and remand the cause for further proceedings consistent with this opinion.
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State v. Adderly, 81-1665
...because, (1) the motion lacked specific factual allegations and (2) the motion was not sworn to by the defendant. 1 State v. Aaron, 409 So.2d 1214 (Fla.3d DCA 1982); State v. Holder, 400 So.2d 162 (Fla.3d DCA Adderly also moved to dismiss on grounds that three police officers failed to appe......