Legal Opinion

State v. Charles Seward

District Court of Appeal of Florida

Decided April 8, 2016No. 5D15-3568Published

1Opinion of the CourtEvander, J.

The State appeals the trial court’s order granting Charles Seward’s motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). 1 It argues that its traverse specifically disputed the material facts asserted in Seward’s motion and was otherwise legally sufficient to withstand the motion. We agree, and accordingly, reverse.

Seward was charged with driving a motor vehicle upon the highways of the State of Florida while his driver’s license was revoked as a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2014). He subsequently filed a motion…

2Cases cited3 opinions

  1. State v. TermaDistrict Court of Appeal of Florida · 2008
  2. Inman v. StateDistrict Court of Appeal of Florida · 2005
  3. State v. ZipfelDistrict Court of Appeal of Florida · 1989

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