Dick v. State

OPINION OF THE COURT

FREDERICK B. TYGART, Circuit Judge.

Several issues are raised in this appeal, to-wit: the validity of the Appellant’s arrest; whether the validity of this arrest was properly challenged before trial; and whether the testimony of Ellen Duncan was properly admitted at trial. Of these the key issue is whether the validity of Appellant’s arrest was properly challenged before trial. If it was not, then it is waived and the issue of whether Ellen Duncan’s testimony should have been admitted at trial is moot.

Appellant filed a motion to dismiss pursuant to Rule 3.190(c)(4), *37Fla. R.…