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STATE v. MOORE

No. 81-1873.

423 So.2d 1010 (1982)

STATE of Florida, Appellant, v. Ralph E. MOORE, Appellee.

District Court of Appeal of Florida, Fourth District.

December 29, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Stephen D. Jerome, Pompano Beach, for appellee.

GLICKSTEIN, Judge.

The state appeals from an order granting appellee's "sworn" motion to dismiss. We question whether the motion was "sworn to", as that term is used in Florida Rule of Criminal Procedure 3.190(c)(4), which provides in part:

The facts on which such motion is based should be specifically alleged and the motion sworn to.

Appellee declared that the motion was "true and correct to the best of his knowledge and belief." He should have...

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