Sevin v. State

CAMPBELL, Judge.

Appellant appeals the trial court’s denial of his motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We reverse.

Appellant was charged with perjury by contradictory statements, a violation of section 837.021, Florida Statutes (1983). After the denial of his motion to dismiss, appellant entered a plea of nolo contendere, reserving the right to appeal the denial of his motion to dismiss.

The facts as shown by the record before us reflect that on May 15, 1984, a Polk County Sheriff’s investigator, who was also a notary public, questioned appellant…