STATE v. CHICKERING

No. 86-1637.

505 So.2d 582 (1987)

STATE of Florida, Appellant, v. Donald CHICKERING, Appellee.

District Court of Appeal of Florida, Second District.

April 8, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellee.


SCHEB, Acting Chief Judge.

The state appeals the dismissal of an information. We reverse.

Defendant was charged with grand theft. An unsworn motion to dismiss was filed, signed by defendant's attorney. It contained no recitation of facts but alleged (1) the undisputed facts failed to establish a prima facie case against defendant absent alleged statements or confessions made by him, and (2) there was no evidence defendant intended to temporarily or permanently...

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