State v. Brooks, 388 So. 2d 1291

PER CURIAM.

The trial judge dismissed a grand jury indictment as against the present appellees on the ground that the evidence presented at a bond hearing demonstrated that “[t]here was no probable cause to support [their] arrest.” As one of the defendants has forthrightly conceded by confessing error in this court, this order was entirely erroneous. Except for appropriately ruling on a sworn motion to dismiss under Fla.R. Crim.P. 3.190(c)(4), which was not filed in this case, a trial court may not dismiss a duly returned indictment or information on the basis of a finding that the evidence is insufficient to support it. State v. Schroeder, 112 So.2d 257, 261 (Fla. 1959); State v. Umbrecht, 371 So.2d 1109 (Fla. 4th DCA 1979); State v. Antel, 333 So.2d 76 (Fla. 4th DCA 1976), cert. denied, 344 So.2d 323 (Fla. 1977). Accordingly, the order under review is reversed and the cause remanded with directions to reinstate the indictment.

Reversed and remanded.

Case Details

Case Name: State v. Brooks

Court Name: District Court of Appeal of Florida

Date Published: Sep 30, 1980

Citations: 388 So. 2d 1291; 80-698

Docket Number: 80-698

Court Abbreviation: Fla. Dist. Ct. App.