State v. Sadler

After the lower court granted a rule 3.190(c)(4) motion to dismiss to which no traverse had been filed, the.State refiled the same charges. Upon motion, the lower court dismissed the refiled charges concluding that it had granted the first motion “with prejudice.”- The State challenges the order dismissing the refiled charges.1 We affirm.

Pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), Appellee filed a motion to dismiss in which he alleged that the property he was accused of taking was actually his own property. The State failed to file a traverse.

A hearing was held during which…