THE STATE OF FLORIDA, APPELLANT,
v.
DONALD EUGENE COLQUITT, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
DONALD EUGENE COLQUITT, APPELLEE
411 So. 2d 1039
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The trial court erred, and defendant candidly confesses error, in dismissing an information at bond hearing for lack of probable cause. Except for appropriately ruling on a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), which was not filed in this cause, a trial court may not dismiss a duly returned information on a finding that the evidence is insufficient to support it. State v. Brooks, 388 So. 2d 1291 (Fla. 3d DCA 1980).
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. E.T., 560 So. 2d 1282 (Fla. 3d DCA 1990)…l not, for the purpose of determining a motion to quash, consider the legality, character, or sufficiency of the evidence upon which an indictment or information is based,” State v. Shroeder, 112 So. 2d 257, 261 (Fla.1959); accord State v. Colquitt, 411 So. 2d 1039 (Fla. 3d DCA 1982); State v. Mach, 187 So. 2d 918, 922-23 (Fla. 2d DCA 1966); that “an indictment or information may not be dismissed by a trial court on the ground that the police unlawfully arrested the defendant based on no probable cause,” State…
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State v. Jules Spencer, 443 So. 2d 1086 (Fla. 3d DCA 1984)…cause. This being so, we have no alternative but to reverse the order of dismissal under review. Gerstein v. Pugh, 420 U.S. 103, 119, 95 S.Ct. 854, 865, 43 L.Ed.2d 54, 68 (1975); State v. Schroeder, 112 So. 2d 257, 261 (Fla.1959); State v. Colquitt, 411 So. 2d 1039 (Fla. 3d DCA 1982); State v. Brooks, 388 So. 2d 1291, 1292 (Fla. 3d DCA 1980); State v. Mach, 187 So. 2d 918, 922-23 (Fla. 2d DCA 1966). Reversed and remanded.…
Authorities Cited
- State v. Brooks, 388 So. 2d 1291 (Fla. 3d DCA 1980)