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State v. Brooks

District Court of Appeal of Florida, Third District
Sep 30, 1980
388 So. 2d 1291 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-698.

September 30, 1980.

Appeal from the Circuit Court, Dade County, David L. Levy, J.

Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

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

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


The 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.

Reversed and remanded.


Summaries of

State v. Brooks

District Court of Appeal of Florida, Third District
Sep 30, 1980
388 So. 2d 1291 (Fla. Dist. Ct. App. 1980)
Case details for

State v. Brooks

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. DOROTHY SHERRI BROOKS AND ANGIE…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 30, 1980

Citations

388 So. 2d 1291 (Fla. Dist. Ct. App. 1980)

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