STATE OF FLORIDA, APPELLANT,
v.
JOHN COOK, APPELLEE
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HOBSON, Acting Chief Judge.
Appellee/defendant, John Cook, was charged with robbery in violation of Section 812.13, Florida Statutes (1975). Appellee filed a motion to dismiss which included numerous allegations designed to show that the undisputed facts of the incident which resulted in the charge against appellee did not establish a prima facie case. Appellant, State of Florida, filed a traverse to the motion denying each of the allegations made by appellee. After a hearing the trial judge granted the motion to dismiss. We reverse.
Fla.R.Crim.P. 3.190(d) requires denial of a motion to dismiss where “the State files a traverse which denies under oath a material fact alleged in the motion to dismiss.” See State v. Wood, 299 So. 2d 111 (Fla. 2d DCA 1974). In the case before us the state strictly complied with the rule, and consequently it was error to dismiss the information.
REVERSED and REMANDED.
SCHEB and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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State v. Fort, 380 So. 2d 534 (Fla. 5th DCA 1980)…issue of material fact. State v. West, 262 So. 2d 457 (Fla. 4th DCA 1972). If material factual allegations of a (c)(4) motion are denied or disputed in the traverse, denial of the motion to dismiss is mandatory. Fla.R.Cr.P. 3.190(d); State v. Cook, 354 So. 2d 909 (Fla. 2d DCA 1978); cert. dismissed, 359 So. 2d 1212 (Fla.1978); Ellis v. State, 346 So. 2d 1044 (Fla. 1st DCA 1977), cert. denied, 352 So. 2d 175 (Fla.1977); State v. Hamlin, 306 So. 2d 150 (Fla. 4th DCA 1975). The dismissal by the trial court is…
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State v. Clemon Lewis, 463 So. 2d 561 (Fla. 2d DCA 1985)…ssue of material fact. State v. Fort, 380 So. 2d 534 (Fla. 5th DCA 1980). If material factual allegations of a (c)(4) motion are denied or disputed in the traverse, denial of the motion to dismiss is mandatory. Fla.R.Crim.P. 3.190(d); State v. Cook, 354 So. 2d 909 (Fla. 2d DCA), cert. dismissed, 359 So. 2d 1212 (Fla.1978). In the case at bar, the state’s traverse clearly placed material facts in dispute. The traverse specifically alleged that both Bryan Prather and the appellee were present at the ABC Lounge…
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State v. Johnson, 398 So. 2d 500 (Fla. 3d DCA 1981)…and must deny the motion. State v. Wright, 386 So. 2d 583 (Fla. 4th DCA 1980); State v. Fort, 380 So. 2d 534 (Fla. 5th DCA 1980); State v. Power, 369 So. 2d 96 (Fla. 2d DCA 1979); State v. Huggins, 368 So. 2d 119 (Fla. 1st DCA 1979); State v. Cook, 354 So. 2d 909 (Fla. 2d DCA), cert. dismissed, 359 So. 2d 1212 (Fla.1978); Ellis v. State, supra; State v. Hamlin, 306 So. 2d 150 (Fla. 4th DCA 1975). In addition, viewing the allegations in the traverse most favorably to the state, State v. Davis, 243 So. 2d 587…
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- State v. Wood, 299 So. 2d 111 (Fla. 4th DCA 1974)