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STATE v. SAWYER

No. 87-1409.

526 So.2d 191 (1988)

The STATE of Florida, Appellant, v. Steve SAWYER, Appellee.

District Court of Appeal of Florida, Third District.

June 7, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Debora J. Turner and Susan Hugentugler, Asst. Attys. Gen., for appellant.

Harvey S. Swickle, North Miami Beach, for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Where a defendant's sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) is met with a traverse by the State which specifically denies under oath the material facts alleged, the motion to dismiss must automatically be denied. Fla.R.Crim.P. 3.190(d); State v. J.T.S., 373 So.2d 418 (Fla.2d DCA 1979), disapproved on other grounds, D.K.D...

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