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388 So. 2d 1291

Docket No. 80-698.

State v. Brooks

The STATE of Florida, Appellant, v. Dorothy Sherri BROOKS and Angie Phiffer, Appellees.

District Court of Appeal of Florida

Decided September 30, 1980.

District Court of Appeal of Florida · decided 1980-09-30

Relies on Amalg. Transit Union v. Pub. Emp. Rel. Com'n · State v. Schroeder · State v. Antel

Good law ✅— No negative treatment on recordhow we know

Decided 1980-09-30

How this case has been cited

Cited by 7 later decisions — most recently September 2017

7 state decisions

301980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1292 Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

¶2Bennett H. Brummer, Public Defender, and Warren S. Schwartz, Asst. Public Defender, Kirk W. Munroe, Miami, for appellees.

¶3Before SCHWARTZ, NESBITT and DANIEL S. PEARSON, JJ.

¶4PER CURIAM.

¶5The trial judge dismissed a grand jury indictment as against the present appellees on the ground that the evidence presented at a bond hearing demonstrated that "[t]here was no probable cause to support [their] arrest." As one of the defendants has forthrightly conceded by confessing error in this court, this order was entirely erroneous. Except for appropriately ruling on a sworn motion to dismiss under Fla.R. Crim.P. 3.190(c)(4), which was not filed in this case, a trial court may not dismiss a duly returned indictment or information on the basis of a finding that the evidence is insufficient to support it. State v. Schroeder,112 So.2d 257, 261 (Fla. 1959); State v. Umbrecht,371 So.2d 1109 (Fla. 4th DCA 1979); State v. Antel,333 So.2d 76 (Fla. 4th DCA 1976), cert. denied, 344 So.2d 323 (Fla. 1977). Accordingly, the order under review is reversed and the cause remanded with directions to reinstate the indictment.

¶6Reversed and remanded.

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