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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Dismissal -- Amended order dismissing felony information on ground that information was not properly sworn is reversed -- Trial court erred in entering the motion to dismiss under Rule 3.140(g), where defendant pled to merits -- Rule 3.140(g) clearly requires that technical challenges relating to signing or verification of information be brought before defendant enters a plea to merits or such challenges are otherwise waived -- Motion was untimely, and lacked merit -- Further, information was supported by sworn testimony and was otherwise valid, where prosecutor relied on certified driving record of defendant, and filed a motion requesting court take judicial notice of defendant's driving record before hearing on motion to dismiss -- Prosecutor could rely on certified copy of defendant's driving record -- Prosecutor's oath that he received testimony under oath ?which, if true, would constitute the offense herein,? and that prosecution was filed in good faith was sufficient to satisfy requirements of Rule 3...continue to full post

Full post as published by JAABlog on February 16, 2008 (boomark / email).