State v. Sedlmayer, 79-580
| Decision Date | 16 October 1979 |
| Docket Number | No. 79-580,79-580 |
| Citation | 375 So.2d 887 |
| Parties | The STATE of Florida, Appellant, v. Richard J. SEDLMAYER, Appellee. |
| Court | Florida District Court of Appeals |
Janet Reno, State's Atty., and Ira N. Loewy, Asst. State's Atty., for appellant.
Weiner, Robbins & Tunkey and William R. Tunkey, Miami, for appellee.
Before HENDRY, HUBBART and NESBITT, JJ.
This is an appeal by the State of Florida from an order dismissing an information under Fla.R.Crim.P. 3.190(c)(4). We have jurisdiction to entertain this appeal. § 934.07(1), Fla.Stat. (1977). For the reasons which follow, we reverse and remand for further proceedings.
The facts of this case are as follows. The defendant Richard J. Sedlmayer was charged in a two count information with perjury in the Circuit Court for the Eleventh Judicial Circuit of Florida. The defendant filed a sworn motion to dismiss this information, which motion states as follows:
"COMES NOW the Defendant, RICHARD J. SEDLMAYER, through counsel, pursuant to the Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States of America and pursuant to Florida Rule of Criminal Procedure 3.190(c) (4) and petitions this Court to enter an Order dismissing the above-styled cause and discharging the Defendant therefrom and in support thereof, counsel alleges as follows:
1. The material and undisputed facts in this cause, taken in the light most favorable to the State of Florida, fail to establish, prima facie, the guilt of the Defendant.
2. The Defendant is charged by Information in this cause with two Counts of Perjury in violation of Florida Statute, § 837.02.
3. Each Count contained in the Information alleges essentially the same thing. That is, in Count I, at a bond hearing, the Defendant is alleged to have knowingly, willfully, and feloniously made a false statement which he did not believe to be true, to-wit: that he, the said RICHARD JOSEPH SEDLMAYER, had not been previously requested by the police to submit to the police his photograph and/or his fingerprints. In Count II of the Information, the Defendant is charged with making the same statement; however, the second Count alleges that the same statement was repeated at a subsequent deposition.
4. On neither occasion that the Defendant allegedly made his statement was the statement material to the official proceeding at which he gave said testimony.
5. Florida Statute, § 837.02(1) provides that a violation of this Statute is committed only if the statement is knowingly false And made in regard to any material matter.
6. Whether the Defendant was asked at a bond hearing or in a deposition by the police to voluntarily give his photograph and/or his fingerprints is not and was not a material issue in the case of State of Florida vs. Stephen William Beattie, Circuit Court Case No. 78-11313.
WHEREFORE, inasmuch as the material and undisputed facts of this cause fail to establish, prima facie, the guilt of the Defendant, undersigned counsel petitions this Court to enter an Order dismissing the above-styled cause and discharging the Defendant therefrom." (emphasis added)
The state filed a traverse to this motion specifically denying that the false statements made in both counts of the information were not material to the proceedings and affirmatively alleged that such statements were so material. The trial court heard and granted the motion to dismiss. This appeal follows.
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State v. SCM Glidco Organics Corp., s. 89-2465
...therefore could not constitute perjury, was a legal conclusion rather than an expression of factual matters. See also State v. Sedlmayer, 375 So.2d 887 (Fla. 3d DCA 1979), wherein the defendant asserted that his false statements were immaterial, without identifying testimony that demonstrat......
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Dade County Public Health Trust v. Fuentes
...alternatively, that they establish a valid defense to the charges. State v. Torres, 375 So.2d 889 (Fla. 3d DCA 1979); State v. Sedlmayer, 375 So.2d 887 (Fla. 3d DCA 1979); State v. Huggins, 368 So.2d 119 (Fla. 1st DCA 1979); Ellis v. State, supra. The defendant's bald assertion that "the un......
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State v. Giralt
...material facts fail to establish a prima facie case of guilt against the defendant." Fla. R.Crim. P. 3.190(c)(4); see State v. Sedlmayer, 375 So.2d 887 (Fla. 3d DCA 1979). In assessing a motion to dismiss, all facts and inferences are to be reviewed in the light most favorable to the State.......
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State v. Pena-Salazar, PENA-SALAZA
...be summarily denied by the trial court without regard to any traverse or demurrer which may be filed by the state." State v. Sedlmayer, 375 So.2d 887, 888 (Fla. 3d DCA 1979); see also State v. Huggins, 368 So.2d 119 (Fla. 1st DCA 1979); Ellis v. State, 346 So.2d 1044, 1046 (Fla. 1st DCA), c......