STATE OF FLORIDA, APPELLANT,
v.
GARTH BAILEY, APPELLEE
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Florida appealed the dismissal of a manslaughter charge against Garth Bailey, who admitted pulling the trigger of a gun that discharged near the victim's head during what he claimed was an accidental demonstration. The court reversed the dismissal, holding that the state presented a prima facie case sufficient to proceed to trial, distinguishing the pretrial motion standard from post-conviction sufficiency review.
The court reversed the dismissal, holding that when reviewing a pretrial motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), the state need only present a prima facie case with all inferences viewed in favor of the state, not evidence sufficient to sustain a conviction. The facts presented constituted such a prima facie case for manslaughter.
[1] A prima facie case, sufficient to survive a motion to dismiss, requires only the barest showing of facts that, viewed with all inferences in favor of the state, constitut…
[2] The state is not required to produce evidence sufficient to sustain a conviction to counter a motion to dismiss.
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Join FLexlaw to unlock all legal intelligence“At this stage, it is only necessary that the facts alleged by the state, viewing all inferences in favor of the state, constitute a prima facie case.”
Establishes the legal standard for evaluating pretrial motions to dismiss in criminal cases
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Join FLexlaw to unlock all legal intelligenceGarth Bailey was sitting near Mary Lou Young as she cooked breakfast. Bailey stated he was showing Young his 9mm Smith and Wesson gun when it accident…
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PER CURIAM.
This is a timely appeal of a final order granting appellee’s motion to dismiss a charge of manslaughter. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(A). We reverse.
The facts presented at the motion to dismiss indicate that appellee, Garth Bailey, was sitting in a chair close to the victim, Mary Lou Young, as she cooked breakfast. Appellee stated he was showing the victim his gun when it accidentally went off. The victim was killed by a bullet wound to her head. There is no evidence of animosity between appellee and the victim and there were no signs of a struggle. There were no eyewitnesses to the incident other than appellant. The muzzle of the weapon, a 9 mm Smith and Wesson with an oversized 20 round clip, was three to six inches from the victim’s head when it was discharged. The bullet went through the victim’s right ear, exiting on the left side of her head. The gun was nearly new and there was no contention that it was not operating properly. Appellee’s attorney conceded that appellee pulled the trigger of the gun.
As a result of this incident, appellee was charged with manslaughter. Appellee filed a motion to dismiss the charge, arguing there was an insufficient showing of culpable negligence as a matter of law. The trial judge stated that although he personally believed there was a showing of culpable negligence, he felt this court’s decision in Getsie v. State, 193 So. 2d 679 (Fla. 4th DCA 1966), was controlling and compelled him to grant the motion.
We find it unnecessary to address the correctness of Getsie at this time, as the posture of the present case is so clearly different from that of Getsie. In Getsie, after conclusion of a jury trial, this court found that as a matter of law, the evidence presented was not sufficient for a jury to conclude that the defendant was guilty of culpable negligence. The present case is an appeal of the trial court’s action on a pretrial motion to dismiss. At this stage, it is only necessary that the facts alleged by the state, viewing all inferences in favor of the state, constitute a prima facie case.
To counter a Florida Rule of Criminal Procedure 3.190(c)(4) motion, the state need not produce evidence sufficient to sustain a conviction. State v. Fuller, 463 So. 2d 1252, 1254 (Fla. 5th DCA 1985). So long as the state shows the barest prima facie case, it should not be prevented from prosecuting. State v. Hunwick, 446 So. 2d 214, 215 (Fla. 4th DCA 1984); State v. Pentecost, 397 So. 2d 711, 712 (Fla. 5th DCA 1981). “If the defendant is thereafter entitled to a directed verdict or acquittal, each party has been given its due.” State v. Carda, 495 So. 2d 912, 914 (Fla. 3d DCA 1986). In the present case, viewing all inferences in favor of the state, we feel the facts adduced constitute a prima facie case for the crime charged. Accordingly, we reverse.
LETTS, GLICKSTEIN and DELL, JJ., concur.
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State v. Hargrove, 552 So. 2d 281 (Fla. 4th DCA 1989)…iterate, “the state need not produce evidence to sustain a conviction. State v. Fuller, 463 So. 2d 1252, 1254 (Fla. 5th DCA 1985). So long as the state shows the barest prima facie case, it should not be prevented from prosecuting.” State v. Bailey, 508 So. 2d 1268, 1269 (Fla. 4th DCA), rev. denied, 518 So. 2d 1273 (Fla.1987). The question for our resolution is whether the additional evidence from Embrey, that he assumed it was appellee who did the shooting because he recognized the car and the shirt sleeve a…
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State v. Gale, 575 So. 2d 760 (Fla. 4th DCA 1991)…*761] The issue on appeal is the sufficiency of the traverse. On a pretrial motion to dismiss, “it is only necessary that the facts alleged by the state, viewing all inferences in favor of the state, constitute a prima facie case.” State v. Bailey, 508 So. 2d 1268, 1269 (Fla. 4th DCA), rev. denied, 518 So. 2d 1273 (Fla.1987). To traverse, the state is under no obligation to present additional facts consistent with guilt, but it must specifically deny the material facts as set forth in the motion to dismiss. S…
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Morganti v. State, 510 So. 2d 1182 (Fla. 4th DCA 1987)…classic case of elevation of form over substance. We are not the first court to consider this issue. The First District has, in several decisions, reached the same result we reach. Brooks v. State, 509 So. 2d 364 (Fla. 1st DCA 1987); Slay v. State, 508 So. 2d 1268 (Fla. 1st DCA 1987); Allen v. State, 506 So. 2d 1149 (Fla. 1st DCA 1987); Avery v. State, 505 So. 2d 596 (Fla. 1st DCA 1987); Johnson v. State, 503 So. 2d 959 (Fla. 1st DCA 1987). The Second District appears also to have reached the same result. Smi…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hunwick, 446 So. 2d 214 (Fla. 4th DCA 1984)
- State v. Grady Leon Pentecost, 397 So. 2d 711 (Fla. 5th DCA 1981)
- State v. Fuller, 463 So. 2d 1252 (Fla. 5th DCA 1985)
- Getsie v. State, 193 So. 2d 679 (Fla. 4th DCA 1966)
- Daniels v. Lake Pleasant Land Co., Inc., 193 So. 2d 679 (Fla. 4th DCA 1967)
- ALL Clean Bldg. Maint., Inc. v. Strachan, 495 So. 2d 912 (Fla. 3d DCA 1986)