Devine v. State

This is an appeal by the defendant Theodore Joseph Devine from a judgment of conviction for unlawful possession of marijuana and an order placing him on three years probation and fining him $5,000. The subject conviction, probation order and fine were entered upon the defendant’s plea of nolo contendere in which he specifically reserved for appeal the denial of his sworn motion to dismiss the information under Fla.R.Crim.P. 3.190(c)(4). The defendant’s sole point on appeal is that the trial court erred in denying this sworn motion. We affirm based on the following briefly stated legal…