Legal Opinion
State v. Moore
District Court of Appeal of Florida
Decided December 29, 1982No. 81-1873PublishedCited by 5 opinions
1Opinion of the Court
GLICKSTEIN, Judge.
The state appeals from an order granting appellee’s “sworn” motion to dismiss. We' question whether the motion was “sworn to”, as that term is used in Florida Rule of Criminal Procedure 3.190(c)(4), which provides in part:
The facts on which such motion is based should be specifically alleged and the motion sworn to.
Appellee declared that the motion was “true and correct to the best of his knowledge and belief.” He should have been required to attest to its truth, unqualifiedly. See State v. Upton, 392 So.2d 1013 (Fla. 5th DCA 1981). We see a distinction between a defendant’s…
2Cases cited4 opinions
- State v. UptonDistrict Court of Appeal of Florida · 1981
- United States v. Jose Medina-ArellanoCourt of Appeals for the Fifth Circuit · 1978
- State v. NewmanDistrict Court of Appeal of Florida · 1979
- Kassel v. StateDistrict Court of Appeal of Florida · 1980
3Cited by5 opinions
- State v. SocarrasDistrict Court of Appeal of Florida · 1987
- City of Pompano Beach v. TwomeyCircuit Court for the Judicial Circuits of Florida · 1986
- State v. ComstockCircuit Court for the Judicial Circuits of Florida · 1989
- State v. MoralesCircuit Court for the Judicial Circuits of Florida · 1990
- Taylor v. StateDistrict Court of Appeal of Florida · 2013