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PER CURIAM. The trial court erred, and defendant candidly confesses error, in dismissing an information at bond hearing for lack of probable cause. Except for appropriately ruling on a sworn motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), which was not filed in this cause, a trial court may not dismiss a duly returned information on a finding that the evidence is insufficient to support it. State v. Brooks, 388 So.2d 1291 (Fla. 3d DCA 1980).
Reversed and remanded for further proceedings.
Document Info
Docket Number: No. 81-2045
Citation Numbers: 411 So. 2d 1039, 1982 Fla. App. LEXIS 19715
Judges: Ferguson, Hendry, Pearson
Filed Date: 4/6/1982
Precedential Status: Precedential
Modified Date: 10/18/2024