STATE v. EARL

No. 88-1263.

545 So.2d 415 (1989)

The STATE of Florida, Appellant, v. Donald EARL, Appellee.

District Court of Appeal of Florida, Third District.

June 13, 1989.


Attorney(s) appearing for the Case

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

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellee.

Before SCHWARTZ, BARKDULL and LEVY, JJ.


PER CURIAM.

The State appeals the sua sponte dismissal of this case by the Court, contending that the dismissal was unwarranted. We agree and reverse.

The record reflects that the trial court dismissed the case after having "heard a statement of facts given by the defendant, ninety-seven percent of which is supported by representations by the defendant's attorney of the facts contained in depositions." There had been no Motion to Dismiss, either sworn...

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