State v. Wardlow

Appellant, the State of Florida, contends that the trial court erred in granting the motion to dismiss filed by appellee/defend-ant, Johnny Wardlow. We agree.

After appellee filed a motion to dismiss a one-count information charging him with making a false statement for the purpose of obtaining food stamps, in violation of Section 409.325, Florida Statutes (Supp.1976), the state filed a sworn traverse which specifically denied the factual allegations contained in the motion. Fla.R.Crim.P. 3.190(d) states in pertinent part: “A motion to dismiss under paragraph (c)(4) of this rule shall be…