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State v. Alexander

District Court of Appeal of Florida, Second District
Dec 13, 2002
831 So. 2d 1252 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D02-378.

Opinion filed December 13, 2002.

Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.

Richard E. Doran, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

J.L. "Ray" LeGrande of LeGrande LeGrande, P.A., Fort Myers, for Appellee.


The State appeals the dismissal of possession with intent to sell charges filed against the appellee, Carolyn Elaine Alexander. Because the trial court erred in not proceeding in accordance with the requirements of Florida Rule of Criminal Procedure 3.190, we reverse.

The State charged Alexander with two counts of possession of a controlled substance with the intent to sell. At a hearing before trial, Alexander orally moved to dismiss the charges, arguing that the State did not have sufficient evidence to prove the intent to sell. After allowing the State to proffer its evidence, the trial court granted Alexander's motion finding that the proffered evidence was insufficient to prove the intent to sell aspect of the charges.

Rule 3.190 requires that a motion to dismiss be in writing. State v. Pope, 674 So.2d 901 (Fla. 2d DCA 1996) (holding that it was error for the trial court to grant an oral motion to dismiss.) Accordingly, it was improper for the trial court to dismiss the charges against Alexander.

Reversed and remanded for further proceedings.

BLUE, C.J., and CASANUEVA and KELLY, JJ., Concur.


Summaries of

State v. Alexander

District Court of Appeal of Florida, Second District
Dec 13, 2002
831 So. 2d 1252 (Fla. Dist. Ct. App. 2002)
Case details for

State v. Alexander

Case Details

Full title:STATE OF FLORIDA, Appellant, v. CAROLYN ELAINE ALEXANDER, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 13, 2002

Citations

831 So. 2d 1252 (Fla. Dist. Ct. App. 2002)

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