State v. Thompson

Full title: THE STATE OF FLORIDA, APPELLANT, v. BARRY ALLEN THOMPSON, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 3, 1989

548 So. 2d 913 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-631.

October 3, 1989.

An Appeal from the Circuit Court of Dade County; Phillip W. Knight, Judge.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellant.

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

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

PER CURIAM.

Upon the appellee Barry Allen Thompson's commendable confession of error with which we entirely agree, the order dismissing the information below pursuant to Fla.R.Crim.P. 3.190(c)(4) is reversed and the cause is remanded to the trial court for further proceedings. Burns v. State, 546 So.2d 1137 (Fla. 3d DCA 1989); J.E.S. v. State, 453 So.2d 168 (Fla. 1st DCA 1984); Sealey v. State, 379 So.2d 430 (Fla. 2d DCA 1980); Tobler v. State, 371 So.2d 1043 (Fla. 1st DCA), cert. denied, 376 So.2d 76 (Fla. 1979); DeGeorge v. State, 358 So.2d 217 (Fla. 4th DCA 1978); Greer v. State, 354 So.2d 952 (Fla. 3d DCA 1978); § 810.011(1), (2), Fla. Stat. (1987).

Reversed and remanded.