STATE OF FLORIDA, APPELLANT,
v.
PATRICK WAYNE DAMICO, APPELLEE
STATE OF FLORIDA, APPELLANT,
PATRICK WAYNE DAMICO, APPELLEE
542 So. 2d 1066
Florida District Court of Appeal, Fourth District (1989)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellee filed a motion, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), to dismiss the information which charged him with carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1987). The state filed a traverse which we hold met the requirements of Florida Rule of Criminal Procedure 3.190(d). Therefore we reverse the order granting appellee’s motion to dismiss the information on the authority of State v. Hunwick, 446 So. 2d 214 (Fla. 4th DCA 1984) and State v. Oberholtzer, 411 So. 2d 376 (Fla. 4th DCA), petition for review denied, 419 So. 2d 1199 (Fla.1982). We remand this cause to the trial court for further proceedings.
REVERSED and REMANDED.
DELL, WALDEN and POLEN, JJ., concur.
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Brister v. State, 562 So. 2d 452 (Fla. 5th DCA 1990)…ourt.1 The state concedes this scrivener’s error. Accordingly, the probation order in Circuit Court Case No. 89-3441 is modified to show that the total of the probationary [*453] split sentence is 4 years rather than 4¾⅛ years. Cf. Nobile v. State, 542 So. 2d 1066 (Fla. 5th DCA 1989); Wynn v. State, 394 So. 2d 225 (Fla. 5th DCA 1981). As corrected, the judgment and sentence and probation orders are affirmed. DAUKSCH and COWART, JJ., concur. . The probation order erroneously suggests that the appellant rece…
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State v. McKINNON, 546 So. 2d 464 (Fla. 4th DCA 1989)…PER CURIAM. REVERSED. A trial court must deny a motion to dismiss if the state files a sworn traverse specifically denying the allega [*465] tions of the motion. State v. Damico, 542 So. 2d 1066 (Fla. 4th DCA 1989). ANSTEAD, DELL and STONE, JJ., concur.…
Authorities Cited
- State v. Hunwick, 446 So. 2d 214 (Fla. 4th DCA 1984)
- State v. Oberholtzer, 411 So. 2d 376 (Fla. 4th DCA 1982)