Florida Rule Of Criminal Procedure 3.190(C)(4) Motion To Dismiss

68 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Searles
  264 So. 3d 286· Fla. 1st DCA· 2019-01-25 ·cited 1×
  This appellate case addresses whether a defendant properly preserved a legal argument challenging a trial court's dismissal of criminal charges based on insufficient evidence. The majority affirmed the dismissal while finding the defendant failed to preserve the specific legal ar
• State v. Paez
  201 So. 3d 804· Fla. 4th DCA· 2016-10-05 ·cited 1×
  The State appeals the trial court's dismissal of drug charges against Nicole Paez for possession of oxycodone (Percocet pills). The Fourth District Court of Appeal reversed the dismissal, holding that the State alleged sufficient facts to establish a prima facie case, even though
• State v. Beaubrun
  36 So. 3d 897· Fla. 3d DCA· 2010-06-09 ·cited 1×
  Florida appealed the dismissal of felony charges against Beaubrun for falsely personating a law enforcement officer under Florida Statute 843.08. The trial court granted Beaubrun's motion to dismiss, but the appellate court reversed, finding that when the undisputed and disputed
• Brown v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-09
  The court held that the petitioner's claims were not cognizable on federal habeas review, either because they involved Fourth Amendment claims that had a full and fair opportunity for litigation in state court, or because they rested on alleged misapplications of state law.
• State v. Adams
  Fla. 3d DCA· 2025-06-25
  A trial court errs in granting an oral motion to dismiss a criminal charge when the defendant has not filed a written motion and no good cause has been shown to waive the writing requirement, as this deprives the State of the opportunity to file a traverse and develop the factual
• Waite v. State
  Fla. 5th DCA· 2024-08-16
  Law enforcement officers acting in their official capacities while conducting official business on office or cell phones do not have a reasonable expectation of privacy that society recognizes as necessary to constitute protected "oral communications" under section 934.03(1)(a),
• Mocombe v. State
  Fla. 3d DCA· 2024-02-14
  A pocketknife cannot constitute an unlawful antishoplifting or inventory control device countermeasure under Florida Statutes § 812.015(7) unless it was designed, manufactured, modified, or altered to defeat such devices.
• State v. Tarvis Lorraine Williamson
  Fla. 5th DCA· 2022-09-23
  Evidence that a defendant brandished an apparent firearm while moving toward an officer and ignoring repeated commands creates a disputed factual issue regarding intent sufficient to establish a prima facie case of aggravated assault with a deadly weapon. Questions of intent are
• Montoya-Martinez v. State
  Fla. 3d DCA· 2021-11-10
  Jonathan Montoya-Martinez appeals his conviction for carrying a concealed weapon without a permit. He argued that the firearm wedged between his car seat and console was not legally "concealed" as a matter of law, entitling him to dismissal. The court affirmed the trial court's d
• State v. Ruoshawn Randolph
  Fla. 5th DCA· 2019-12-20
  A motion to dismiss under Rule 3.190(c)(4) must be denied when the defendant's own attachments create a disputed issue of material fact by contradicting the motion's factual allegations, even if the State fails to file a traverse.
• State v. Seward
  188 So. 3d 927· Fla. 5th DCA· 2016-04-08
  The State's traverse, which specifically denied material facts and asserted additional facts establishing a prima facie case, was legally sufficient to withstand the defendant's motion to dismiss.
• State v. Pitts
  53 So. 3d 1191· Fla. 4th DCA· 2011-02-09
  The court held that the State waived its objection to the defendant's unsworn motion to dismiss by failing to raise the issue in the trial court.
• State v. Sadler
  920 So. 2d 647· Fla. 5th DCA· 2005-12-16
  Although a trial court need not use the explicit words "with prejudice" to effect a dismissal with prejudice, a dismissal is with prejudice when the circumstances and language employed by the trial court provide a clearly identifiable manifestation of that intent. Here, the phras
• State v. Moore
  742 So. 2d 834· Fla. 2d DCA· 1999-09-10
  The State of Florida appealed a trial court's order granting a defendant's motion to dismiss a grand theft charge. The court reversed, holding that when the State files a traverse denying material factual allegations in a motion to dismiss, the trial court must deny the motion an
• Newman v. State
  698 So. 2d 896· Fla. 4th DCA· 1997-08-27
• State v. Rudolph
  595 So. 2d 297· Fla. 5th DCA· 1992-03-20
• State v. Chickering
  505 So. 2d 582· Fla. 2d DCA· 1987-04-08
  The court held that an unsworn motion to dismiss an information, which failed to allege specific facts, did not comply with Florida Rule of Criminal Procedure 3.190(c)(4).
• State v. Slifer
  447 So. 2d 433· Fla. 1st DCA· 1984-03-22
  The State appeals the suppression of Slifer's statements and dismissal of cannabis trafficking charges. The court affirms, holding that Slifer's statements were obtained in violation of Miranda because Lt. Nobles' questioning constituted interrogation without a knowing and volunt