State v. Morales

OPINION OF THE COURT

JONES, J.

The trial court improperly granted appellee’s sworn motion to dismiss because the motion failed to allege undisputed facts and was not sworn to in an unqualified manner pursuant to Rule 3.190(c)(4), Fla.R.Crim.P.

Pedro Morales, appellee, was charged with loitering and prowling in violation of Section 856.021, Fla. Stat. Morales was arrested at 5:00 a.m. in the vicinity of a shopping center where police had been *25summoned because of an activated burglar alarm. In a sworn motion to dismiss, Morales alleges that he and his three male companions were standing next to…