THE STATE OF FLORIDA, APPELLANT,
v.
ROGELIO HERNANDEZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
ROGELIO HERNANDEZ, APPELLEE
573 So. 2d 1037
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We summarily reverse the order granting an ore tenus motion to dismiss an information which charges the defendant with grand theft of an automobile. State v. Adderly, 411 So. 2d 981 (Fla. 3d DCA 1982) (a motion to dismiss an information must specifically allege the grounds on which it is based); Fla.R.Crim.P. 3.190(a).1 Reversed and remanded for further consistent proceedings.
. Pursuant to Florida Rule of Criminal Procedure 3.191(g), the State has a ninety day period in which to bring the defendant to trial following the date of receipt by the trial court of this mandate.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hernandez, 617 So. 2d 1103 (Fla. 3d DCA 1993)…ht days of the window period had elapsed when the defendant was discharged on September 9th. His discharge was, therefore, premature and is reversed. This case is remanded for fur [*1104] ther proceedings consistent herewith. See State v. Hernandez, 573 So. 2d 1037 n. 1 (Fla. 3d DCA 1991). Reversed and remanded. . This pleading has since been renamed “Notice of Expiration of Speedy Trial Time” in order to distinguish it from a "Motion to Discharge” which is filed at the expiration of the Rule 3.191(p) win…
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State v. Mundegerick Mitchum, 227 So. 3d 697 (Fla. 5th DCA 2017)…nformation on the basis of a finding that the evidence is insufficient to support it, in' the absence of a sworn motion to dismiss under Rule 3.190(c)(4) .,., ” (citing State v. Brooks, 388 So. 2d 1291, 1292 (Fla. 3d DCA 1980))); State v. Hernandez, 573 So. 2d 1037, 1037 (Fla. 3d DCA 1991) (citing State v. Adderly, 411 So. 2d 981, 982 (Fla. 3d DCA 1982)).…
Authorities Cited
- State v. Zeb Adderly, 411 So. 2d 981 (Fla. 3d DCA 1982)