STATE v. STEWART

No. 89-583.

554 So.2d 620 (1989)

The STATE of Florida, Appellant, v. Lincoln STEWART and Sheila Stewart, Appellees.

District Court of Appeal of Florida, Third District.

December 26, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellant.

Joseph W. Gibson, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


PER CURIAM.

The state appeals the sua sponte dismissal of this case by the trial court contending that the dismissal was unwarranted. We agree and reverse.

The record reflects that the trial court dismissed the charges against the Stewarts based upon its determination that probable cause did not exist for the police to have entered the Stewarts's premises. This decision was based solely on the argument of defense counsel. No motion to dismiss, either sworn...

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