State v. WeinsteinState v. Weinstein
Wе reverse the order of the trial court granting appellee’s motiоn to dismiss pending criminal charges, filed under Florida Rule of Criminal Procedure 3.190(c)(4). Ap-pellee, an attorney, was charged with violations of sections 817.234(8), (9), and 877.02(1) and (3), Florida Statutes (1991). These statutes provide for criminal penalties for solicitation of business for the рurpose of filing “motor vehicle tort claims or claims for personal injury protection benefits.”
The statе had filed a three count informatiоn charging appellee with violations of the above statutes for his аlleged attempt to solicit legаl representation of one Phillip Mortilla while Mr. Mortilla was a patient in a hospital. Appellee filеd a sworn motion to dismiss under Florida Rule оf Criminal Procedure 3.190(c)(4). He alleged that the facts alleged by the state in the information, taken as true, did not сonstitute a crime, and that the statutоry provisions under which he was charged were unconstitutional. Thereaftеr, the state filed a traverse, as provided in Florida Rule of Criminal Procedure 3.190(d).
After hearing, the trial court grantеd ap-pellee’s motion, finding that each of the counts failed to allege a crime. The court rejected appellee’s chаllenge as to the constitutionality of the statutes, and this is not raised as an issuе on dppeal.
The trial court еrred in granting appellee’s motion, both procedurally and substantively. First, upon the state filing a sworn traverse рursuant to Florida Rule of
Accordingly, we reverse the order granting appellee’s motion to dismiss, and remand for further proceedings.