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526 So. 2d 191

Docket No. 87-1409.

State v. Sawyer

The STATE of Florida, Appellant, v. Steve SAWYER, Appellee.

District Court of Appeal of Florida

Decided June 7, 1988.

District Court of Appeal of Florida · decided 1988-06-07

Cited by 6 later decisions — most recently March 1998

6 state decisions

Key passage — most relied on by later courts

“Where a defendant's sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) is met with a traverse by the State which specifically denies under oath the material facts alleged, the motion to dismiss must automatically be denied.”

quoted by 2 later decisions, including 710 So. 2d 604 - State v. Presume, 588 So. 2d 54 - State v. Harrell

Relies on State v. J. T. S. · 523 So. 2d 1141 - State v. Rodriguez · 470 So. 2d 1387 - DKD v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-07

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Atty. Gen. and Debora J. Turner and Susan Hugentugler, Asst. Attys. Gen., for appellant.

¶2Harvey S. Swickle, North Miami Beach, for appellee.

¶3Before BARKDULL, FERGUSON and JORGENSON, JJ.

¶4PER CURIAM.

¶5Where a defendant's sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) is met with a traverse by the State which specifically denies under oath the material facts alleged, *192 the motion to dismiss must automatically be denied. Fla.R.Crim.P. 3.190(d); State v. J.T.S.,373 So.2d 418 (Fla.2d DCA 1979), disapproved on other grounds, D.K.D. v. State,470 So.2d 1387 (Fla. 1985). Even if the traverse was not filed at a "reasonable time before the hearing on the motion to dismiss," Fla.R.Crim.P. 3.190(d), dismissal is too harsh a sanction under the factual circumstances. See State v. Ryan,513 So.2d 753 (Fla. 4th DCA 1987); State v. Burnison,438 So.2d 538 (Fla.2d DCA 1983).

¶6We need not decide whether the sworn motion to dismiss is sufficient under State v. Rodriquez,523 So.2d 1141 (Fla. 1988) (jurat in which defendant swears to his statements being to the "best of his knowledge" not sufficient for motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4)).

¶7Reversed and remanded for further proceedings.

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