State v. McGettingan

OPINION OF THE COURT

This is an appeal from an order granting a motion to dismiss pursuant to Fla. R. Crim. P. 3.190(c)(4).

The facts are:

Defendant Daniel T. McGettingan was charged by information, dated August 3, 1984, with one count of “issuing a worthless check,” in violation of Section 832.05, Fla. Stat. (1984). On October 12, 1984, defendant filed a “sworn motion to dismiss” citing Fla. R. Crim. P. 3.190(c)(4).

*105Fla. R. Crim. P. 3.190(c)(4) grants the defendant a right to move for dismissal of an indictment or information if “there are no material disputed facts and the undisputed facts do…