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State v. Higgins

State v. Higgins, 437 So. 2d 180 (Fla. Dist. Ct. App. 1983)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
August 10, 1983
Docket
No. 82-2418
Judges
Per Curiam
Citations
437 So. 2d 180
Cited by 8

Opinion — Per Curiam

437 So.2d 180 (1983)

STATE of Florida, Appellant,

v.

James HIGGINS, Appellee.

No. 82-2418.

District Court of Appeal of Florida, Fourth District.

August 10, 1983. Rehearing Denied October 5, 1983.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard R. Haas, Pompano Beach, for appellee.

*181 PER CURIAM.

The state appeals from dismissal of an information charging appellee with grand theft. We reverse.

1. The motion to dismiss was sworn to by counsel rather than by appellee, in contravention of Rule 3.190(c)(4), Florida Rules of Criminal Procedure;

2. The state was not afforded sufficient notice of the hearing on the motion to dismiss;

3. The oral traverse of the state should have been accepted;

4. Since the facts set forth in the motion to dismiss are consistent with appellee's guilt, no traverse, either written or oral, was necessary; and

5. Fair market value of stolen goods is the retail value regardless of whether the owner-victim had purchased them at wholesale. Negron v. State, 306 So.2d 104 (Fla. 1975).

REVERSED and REMANDED.

LETTS, HERSEY and WALDEN, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1986: 11987: 11989: 11990: 11991: 31999: 119862026peak 1991 · 3

Relies on it most ⓘ

  1. Williams v. State544 So. 2d 782 (Miss. 1989)
  2. State v. Paleveda745 So. 2d 1026 (Fla. Dist. Ct. App. 1999)
  3. State v. Ryan513 So. 2d 753 (Fla. Dist. Ct. App. 1987)
  4. State v. SCM Glidco Organics Corp.592 So. 2d 710 (Fla. Dist. Ct. App. 1991)
  5. State v. Yarborough571 So. 2d 17 (Fla. Dist. Ct. App. 1990)
  6. State v. Pizzagalli581 So. 2d 650 (Fla. Dist. Ct. App. 1991)

Most recent

  1. State v. Paleveda745 So. 2d 1026 (Fla. Dist. Ct. App. 1999)
  2. State v. SCM Glidco Organics Corp.592 So. 2d 710 (Fla. Dist. Ct. App. 1991)
  3. State v. Pizzagalli581 So. 2d 650 (Fla. Dist. Ct. App. 1991)
  4. State v. King49 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1991)
  5. State v. Yarborough571 So. 2d 17 (Fla. Dist. Ct. App. 1990)
  6. Williams v. State544 So. 2d 782 (Miss. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Negron v. State, 306 So. 2d 104 (Fla. 1974) 115

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