Opinion
No. 81-2045.
April 6, 1982.
Appeal from Circuit Court, Dade County; Arthur I. Snyder, Judge.
Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellant.
Whitman, Wolfe Gross and John W. Salmon, Miami, for appellee.
Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.
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.