STATE v. PITTS

No. 4D09-4472.

53 So.3d 1191 (2011)

STATE of Florida, Appellant, v. David PITTS, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene C. Hvizd , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Tom Wm. Odom , Assistant Public Defender, West Palm Beach, for appellee.


STEVENSON, J.

The State of Florida appeals an order granting a defendant's rule 3.190(c)(4) motion to dismiss, asserting that the factual allegations of the motion were not sworn to by the defendant as required by the rule. While the rule unquestionably requires that the motion be sworn, we find the State waived the deficiency and affirm.

The State filed an information charging David Pitts with trafficking in cocaine (count I), possession of MDMS (count III...

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