STATE v. HIGGINS

No. 82-2418.

437 So.2d 180 (1983)

STATE of Florida, Appellant, v. James HIGGINS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 5, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard R. Haas, Pompano Beach, for appellee.


PER CURIAM.

The state appeals from dismissal of an information charging appellee with grand theft. We reverse.

1. The motion to dismiss was sworn to by counsel rather than by appellee, in contravention of Rule 3.190(c)(4), Florida Rules of Criminal Procedure;

2. The state was not afforded sufficient notice of the hearing on the motion to dismiss;

3. The oral traverse of the state should have been...

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