State v. Pizzagalli

The state appeals from an order granting a sworn motion to dismiss filed pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure.

Appellee, Pizzagalli, was arrested and charged with delivery of marijuana. He *651filed a motion to dismiss. He did not notice the motion for hearing. The state did not file a traverse. Approximately seven weeks after the motion was filed the case came on for trial. A jury was picked and sworn. During a break, appellee’s counsel pointed out to the trial court that the motion to dismiss remained pending and should be disposed of. The state sought to make an…