State v. Brooks, 80-698

Citation388 So.2d 1291
Decision Date30 September 1980
Docket NumberNo. 80-698,80-698
PartiesThe STATE of Florida, Appellant, v. Dorothy Sherri BROOKS and Angie Phiffer, Appellees.
CourtCourt of Appeal of Florida (US)

Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender, and Warren S. Schwartz, Asst. Public Defender, Kirk W. Munroe, Miami, for appellees.

Before SCHWARTZ, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

The trial judge dismissed a grand jury indictment as against the present appellees on the ground that the evidence presented at a bond hearing demonstrated that "(t)here was no probable cause to support (their) arrest." As one of the defendants has forthrightly conceded by confessing error in this court, this order was entirely erroneous. Except for appropriately ruling on a sworn motion to dismiss under Fla.R.Crim.P. 3.190(c)(4), which was not filed in this case, a trial court may not dismiss a duly returned indictment or information on the basis of a finding that the evidence is insufficient to support it. State v. Schroeder, 112 So.2d 257, 261 (Fla. 1959); State v. Umbrecht, 371 So.2d 1109 (Fla. 4th DCA 1979); State v. Antel, 333 So.2d 76 (Fla. 4th DCA 1976), cert. denied, 344 So.2d 323 (Fla. 1977). Accordingly, the order under review is reversed and the cause remanded with directions to reinstate the indictment.

Reversed and remanded.

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10 cases
  • Lee v. Sec'y, Case No. 3:15-cv-113-J-34JBT
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 16, 2018
    ...for the charges in court. See White v. State, 62 So.3d 1156, 1157 (Fla. 3d DCA 2011); Fla. R. Crim. P. 3.l33(b)(5); State v. Brooks, 388 So.2d 1291 (Fla. 3d DCA 1980). Defendant did not establish that the result of his proceedings would have been different if a finding of no probable cause ......
  • Lee v. Sec'y, Case No. 3:15-cv-112-J-34JBT
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • November 21, 2017
    ...for the charges in court. SeeWhite v. State, 62 So.3d 1156, 1157 (Fla. 3d DCA 2011); Fla. R. Crim. P. 3.l33(b)(5); State v. Brooks, 388 So.2d 1291 (Fla. 3d DCA 1980). Defendant did not establish that the result of his proceedings would have been different if a finding of no probable cause w......
  • State v. Ochoa, 89-399
    • United States
    • Court of Appeal of Florida (US)
    • March 19, 1991
    ...support it, in the absence of a sworn motion to dismiss under Rule 3.190(c)(4), Florida Rules of Criminal Procedure. State v. Brooks, 388 So.2d 1291, 1292 (Fla. 3d DCA 1980). The order under review is reversed and the cause is remanded for further proceedings consistent 1 In the trial court......
  • State v. E.T., 89-1464
    • United States
    • Court of Appeal of Florida (US)
    • April 24, 1990
    ...prosecution nor as defense to a valid charge," State v. Tillman, 402 So.2d 19, 20 (Fla. 3d DCA 1981); accord State v. Brooks, 388 So.2d 1291, 1292 (Fla. 3d DCA 1980); State v. Umbrecht, 371 So.2d 1109 (Fla. 4th DCA 1979); and that "the power of a court to try a person for crime is not impai......
  • Request a trial to view additional results

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