STATE v. RODRIGUEZ

No. 86-2854.

505 So.2d 628 (1987)

The STATE of Florida, Appellant, v. Carlos RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant.

Michael S. Hacker, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.


PER CURIAM.

The state appeals from a non-final order granting the defendant's sworn motion to dismiss under Fla.R.Crim.P. 3.190(c)(4) and denying the state's motion to strike the defendant's motion. It is the state's contention that the motion to dismiss should have been stricken as procedurally defective because the jurat contained in the motion1 failed to expose the defendant to the penalties of perjury. We cannot agree. Nor are...

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