STATE v. HUDSON

No. 1D09-3214.

27 So.3d 155 (2010)

STATE of Florida, Appellant, v. Timothy Charles HUDSON, Appellee.

District Court of Appeal of Florida, First District.

January 29, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellant.

Jimmy E. Hunt, of Jimmy Hunt, P.L., Lake City, for Appellee.


HAWKES, C.J.

Defendant was charged with aggravated assault with a deadly weapon and moved to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) (2009). In the motion, defendant claimed he acted out of self defense and emphasized that the victim had recanted earlier statements given to the police. Although the State filed a traverse, the trial court granted the motion to dismiss, finding the material facts were not in dispute and the undisputed facts...

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