Florida Rule of Criminal Procedure and a Motion to Dismiss

In Branciforte v. State, 678 So. 2d 426 (Fla. 2d DCA 1996) and State v. Blanco, 432 So. 2d 633 (Fla. 3d DCA 1983), the State filed a traverse stating that "the state specifically denies that the material facts as presented in the defendant's sworn motion to dismiss are the only facts upon which the state would rely during the state's case in chief." Branciforte, 678 So. 2d at 427; Blanco, 432 So. 2d at 634. Courts in each case found this statement sufficient to defeat a motion to dismiss. The Fourth District recognized that Branciforte and Blanco supported the State's position but found that those cases were incorrectly decided because they ignored the language of Florida Rule of Criminal Procedure 3.190(d). The Fourth District affirmed the trial court's granting of the defendant's motion to dismiss and certified conflict with Branciforte and Blanco. Kalogeropoulos, 735 So. 2d at 508-509.