STATE OF FLORIDA, APPELLANT,
v.
JAMES HIGGINS, APPELLEE
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[*181] PER CURIAM.
The state appeals from dismissal of an information charging appellee with grand theft. We reverse. 1. The motion to dismiss was sworn to by counsel rather than by appellee, in contravention of Rule 3.190(c)(4), Florida Rules of Criminal Procedure; 2. The state was not afforded sufficient notice of the hearing on the motion to dismiss; 3. The oral traverse of the state should have been accepted; 4. Since the facts set forth in the motion to dismiss are consistent with appellee’s guilt, no traverse, either written or oral, was necessary; and 5. Fair market value of stolen goods is the retail value regardless of whether the owner-victim had purchased them at wholesale. Negron v. State, 306 So. 2d 104 (Fla.1975). REVERSED and REMANDED.
LETTS, HERSEY and WALDEN, JJ., concur.
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State v. Ferris Michele Paleveda, 745 So. 2d 1026 (Fla. 2d DCA 1999)…termine whether a prima facie case has been established. See State v. Armstrong, 616 So. 2d 510 (Fla. 4th DCA 1993); State v. Gale, 575 So. 2d 760 (Fla. 4th DCA 1991); see also State v. Yarborough, 571 So. 2d 17 (Fla. 2d DCA 1990); State v. Higgins, 437 So. 2d 180 (Fla. 4th DCA 1983); State v. Alford, 395 So. 2d 201 (Fla. 4th DCA 1981). If the facts alleged in the motion establish a pri-ma facie case, the motion to dismiss must be denied. See State v. Blanco, 432 So. 2d 633, 634 (Fla. 3d DCA 1983)(citing Stat…
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State v. Ryan, 513 So. 2d 753 (Fla. 4th DCA 1987)…sal for a discovery violation, we pointed out that the trial court should have been aware of the availability of a continuance as a viable alternative to remedy any disadvantage to defendant’s preparation. Id. at 539-40. See also State v. Higgins, 437 So. 2d 180 (Fla. 4th DCA 1983). Given the facts of the present case, we hold the trial court’s action was too severe. At the hearing appellee did not indicate he would suffer any prejudice if a continuance were granted. In fact, he offered to accommodate appe…
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State v. SCM Glidco Organics Corp. & Seminole Kraft Corp., 592 So. 2d 710 (Fla. 1st DCA 1991)…as compliance with the consent order of October 28, 1986, having been alleged under oath and since there was no traverse filed, the dismissal of the counts to which this defense was directed was proper. We note that the opinion in State v. Higgins, 437 So. 2d 180 (Fla. 4th DCA 1983), which is cited by the state in support of its claim that its oral traverse at the time of the hearing should have been accepted, gives three additional reasons — any one of which would seem to be adequate— for reversing the dism…
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- Ozzie Joseph Negron and Teresa Negron v. State, 306 So. 2d 104 (Fla. 1974)