#Motion to dismiss template manual#

Fill in the Notice of Hearing blanks on page 5. If you are using a computer, you can type your signature as /s/ Your Name, ex: /s/ Jane Smith.

Where the defendant styles a motion to dismiss as a motion for judgment of acquittal after the state’s case, the court errs in dismissing the case. Fill in your signature, date, name, address, and your email address and fax number (if you have one) at the end of the Motion on page 4. A court may conclude that a defendant’s mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendant’s mental illness substantially contributed to the defendant’s involvement in the commission of the offense. A motion attacking the sufficiency of an information is properly raised pretrial in a motion under rule 3.190(b), and failure to raise the issue pretrial waives the argument.

#Motion to dismiss template manual#

PC 1385(c)(5): For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia.