Morffy v. State

NESBITT, Judge.

Morffy was convicted for conspiracy to traffic in cocaine with a firearm, attempted robbery without a firearm, possession of a controlled substance without a firearm, and resisting an officer with violence. Morffy urges that the dispositive point on appeal is that he was tried upon an unsworn information. We agree and reverse.

Through counsel, Morffy timely filed a motion to dismiss the information, pursuant to Florida Rule of Criminal Procedure 3.190(c), on the ground that the assistant state attorney who signed the information was not sworn at the time. The uncontro-verted…