STATE OF FLORIDA, APPELLANT,
v.
HEATHER F. POPE, APPELLEE
Explore caselaw by topic → Browse Aggravated Battery cases and more on FLexlaw
RYDER, Judge.
The state contests the dismissal of an aggravated battery charge filed against the appellee, Heather F. Pope. Because we conclude that the trial court erred in not proceeding in accordance with the requirements of Florida Rule of Criminal Procedure 3.190, we reverse and remand for further proceedings.
The appellee did not file a written motion to dismiss as required by Florida Rule of Criminal Procedure 3.190(a). Instead, the appellee’s counsel orally moved to dismiss the information near the conclusion of a hearing on another pretrial motion after a limited discussion about the possibility of dropping the case. The state strongly objected to the dismissal. The state was, therefore, precluded from placing its position or version of the facts before the court as contemplated by Florida Rule of Criminal Procedure 3.190(d). See State v. Earl, 545 So. 2d 415, 416 (Fla. 3d DCA 1989).
Reversed and remanded for further proceedings.
THREADGILL, C.J., and SCHOONOVER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Reedy, 862 So. 2d 941 (Fla. 2d DCA 2004)…ronted with the defense arguments, the trial court dismissed the grand theft count. Florida Rule of Criminal Procedure 3.190(a) requires that a motion to dismiss be in writing. State v. Alexander, 831 So. 2d 1252 (Fla. 2d DCA 2002); State v. Pope, 674 So. 2d 901 (Fla. 2d DCA 1996). Moreover, rule 3.060 requires that notice of a hearing concerning a written motion that may not be heard ex parte shall be served on the adverse party “a reasonable time” before the hearing. Because the defense did not file a wri…
-
State v. Delcia Maria Suazo, 973 So. 2d 1273 (Fla. 2d DCA 2008)…at it is improper for a trial court to dismiss charges when the defendant has not filed a written motion to dismiss. State v. Reedy, 862 So. 2d 941, 942 (Fla. 2d DCA 2004); State v. Alexander, 831 So. 2d 1252, 1253 (Fla. 2d DCA 2002); State v. Pope, 674 So. 2d 901, 901 (Fla. 2d DCA 1996). These cases hold that the remedy for the improper dismissal is reversal and remand for further proceedings. Reedy, 862 So. 2d at 942; Alexander, 831 So. 2d at 1253; Pope, 674 So. 2d at 901. In this case, Suazo did not file…
-
State v. Alexander, 831 So. 2d 1252 (Fla. 2d DCA 2002)…to proffer its evidence, the trial court granted Alexander’s motion finding that the proffered evidence was insufficient to prove the intent to sell aspect of the charges. Rule 3.190 requires that a motion to dismiss be in writing. State v. Pope, 674 So. 2d 901 (Fla. 2d DCA 1996) (holding that it was error for the trial court to grant an oral motion to dismiss.) Accordingly, it was improper for the trial court to dismiss the charges against Alexander. Reversed and remanded for further proceedings. BLUE…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Earl, 545 So. 2d 415 (Fla. 3d DCA 1989)