STATE OF FLORIDA, APPELLANT,
v.
JONAH CARLOS SANDERS, APPELLEE
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The State appealed a trial court's order dismissing a charge of carrying a concealed firearm against Sanders, who claimed he had no knowledge the gun was in his truck. The appellate court reversed, holding that the State's traverse sufficiently disputed Sanders' allegation of ignorance, raising a genuine factual dispute that should proceed to trial rather than be resolved by pretrial motion to dismiss.
The court reversed the dismissal because the State's traverse to the motion disputed Sanders' factual assertion of ignorance by alleging contradictory facts, creating a genuine dispute of material fact that must be resolved by a jury rather than decided on a pretrial motion to dismiss.
[1] A traverse filed by the state in response to a motion to dismiss under Rule 3.190(c)(4) must dispute the defendant's factual allegations by alleging additional facts that…
[2] A trial court errs in granting a motion to dismiss when the state's traverse alleges additional facts that place the defendant's knowledge of the contraband's presence in…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the state satisfied its burden in filing a traverse that disputed Sanders' assertion that he had no knowledge of the presence of the firearm”
Establishes the legal standard: the state can overcome a factual motion to dismiss by traversing and contradicting the defendant's factual allegations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOfficers approached Sanders' illegally parked pickup truck and observed Sanders push something under the seat, where officers later found a pistol. Sa…
The full statement of facts, procedural history, and disposition for this case are member content.
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PARKER, Acting Chief Judge.
The state seeks review of the trial court’s order granting Sanders’ motion to dismiss a charge of carrying a concealed firearm. We reverse because the state satisfied its burden in filing a traverse that disputed Sanders’ assertion that he had no knowledge of the presence of the firearm.
Although the record is not clear, it appears undisputed that when the officers approached Sanders’ illegally parked pickup truck, they saw Sanders push something under the seat of the truck where the officer eventually located the pistol. A second firearm, which was an encased rifle behind the vehicle’s seat, does not appear from the record to be involved in the pending charge.
Sanders filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). Sanders alleged that he did not know that the firearm was present in the truck and that he had two other passengers, Noe and Brian, in the truck with him. Brian told Sanders that he was carrying a firearm. After Sanders parked the truck, Brian got out of the truck and entered a nearby bar, leaving the firearm under the seat without Sanders’ knowledge. Sanders stated that after the officer discovered the pistol under the seat, Noe, the codefendant, told the officer that the gun belonged to Brian, who was standing on the sidewalk.
The state, in its traverse to the motion, specifically denied that Noe told the officer that the gun belonged to Brian. Further, the state alleged that Sanders initially said that he had no knowledge of how the guns got into the truck. Later, Sanders told the officer that some people drove his truck earlier, but then was unable to provide any names.
The trial court erred by granting the motion to dismiss, because the state carried its burden by alleging additional facts that put in dispute Sanders’ knowledge of the presence of the pistol. See State v. Diaz, 627 So. 2d 1314 (Fla. 2d DCA 1993). Thus, when construed in a light most favorable to the state, it cannot be said that a. jury could not find that Sanders had knowledge of the presence of the gun. See State v. Lukas, 652 So. 2d 1177 (Fla. 2d DCA 1995).
Reversed and remanded.
LAZZARA and QUINCE, JJ., concur.
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Citator
Authorities Cited
- State v. Diaz, 627 So. 2d 1314 (Fla. 2d DCA 1993)
- Singletary v. Thomas, 652 So. 2d 1177 (Fla. 1st DCA 1995)