State v. Pitts

The State of Florida appeals an order granting a defendant’s rule 3.190(c)(4) motion to dismiss, asserting that the factual allegations of the motion were not sworn to by the defendant as required by the rule. While the rule unquestionably requires that the motion be sworn, we find the State waived the deficiency and affirm.

The State filed an information charging David Pitts with trafficking in- cocaine (count I), possession of MDMS (count III), possession of a firearm by a convicted felon (count IV), and possession of marijuana (count V).1 Pitts filed a rule 3.190(c)(4) motion seeking to…