State v. Green

Full title: THE STATE OF FLORIDA, APPELLANT, v. CLINTON GREEN, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 14, 1994

642 So. 2d 134 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-841.

September 14, 1994.

An appeal from the Circuit Court for Dade County; W. Thomas Spencer, Judge.

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellee.

Before HUBBART, COPE, and GREEN, JJ.

Confession of Error

PER CURIAM.

The State appeals an order which granted defendant's sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). Defendant has properly confessed error, conceding that the State's traverse was sufficient to defeat the motion. See Fla.R.Crim.P. 3.190(d). Reversed and remanded for further proceedings consistent herewith.