Taylor v. State

OPINION OF THE COURT

PETER WEBSTER, Circuit Judge.

Appellant, defendant below, was adjudged guilty of driving while intoxicated. He appeals an order denying a motion to dismiss made pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. After the motion to dismiss was denied, defendant entered a nolo contendere plea, reserving the right to seek review of the order denying his motion to dismiss. Defendant’s sole argument on appeal is that the motion to dismiss should have been granted because the state’s traverse to the motion was legally insufficient.

To be legally sufficient, a…