State v. Lindemuth

The issue before this Court is whether the State may re-file an information that has been' dismissed without prejudice after the trial court struck and therefore did not consider the State’s response to the defendant’s sworn motion to dismiss pursuant to Florida -Rule of. Criminal Procedure 3.190(c)(4). For the reasons that follow, we conclude that .the State was not .barred from re-filing an . identical information. We therefore reverse the trial court’s order dismissing the re-filed information and remand for further proceedings. - ,

The defendant, Ryan Charles Linde-muth, was charged by…