LESMOND MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant raises numerous issues in his appeal from convictions and sentences imposed for two counts of resisting the arrest of an officer with violence, proscribed by section 843.01, Florida Statutes (1995). We affirm all issues, except that relating to his contention that the lower court erred in imposing multiple convictions for the two offenses in that both convictions arose from a single episode. See Jones v. State, 711 So. 2d 633 (Fla. 1st DCA 1998); Wells v. State, 731 So. 2d 680 (Fla. 1st DCA 1997), review granted, 705 So. 2d 10 (Fla.1997); Pierce v. State, 681 So. 2d 873 (Fla. 1st DCA 1996). Contra Wallace v. State, 689 So. 2d 1159 (Fla. 4th DCA), review granted, 699 So. 2d 1377 (Fla.1997). Accordingly, we reverse and remand with directions that one of appellant’s convictions for resisting arrest with violence be vacated.
ERVIN, ALLEN and MICKLE, JJ., concur.
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State v. Ortiz, 766 So. 2d 1137 (Fla. 3d DCA 2000)…ndant.” State v. Kalogeropolous, 758 So. 2d 110, 111 (Fla.2000). A motion to dismiss [*1142] in a criminal case is analogous to a motion made for summary judgment in civil cases, and as such “[b]oth should be granted sparingly.” State v. Bonebright, 742 So. 2d 290, 291 (Fla. 1st DCA 1998); Kalogeropolous, 758 So. 2d at 111. See also State v. McQuay, 403 So. 2d 566, 567-68 (Fla. 3d DCA 1981) (stating that “[a] motion to dismiss should be granted only where the most favorable construction to the state would not…
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Bretherick v. State, 170 So. 3d 766 (Fla. 2015)…ion of factual disputes, leaving those matters to the finder of fact at a trial. A rule 3.190(c)(4) motion to dismiss is similar to a motion for summary judgment in a civil case, and as such “[b]oth should be granted sparingly.” State v. Bonebright, 742 So. 2d 290, 291 (Fla. 1st DCA 1998); see State v. Kalogeropolous, 758 So. 2d 110, 111 (Fla.2000). Yet, forcing disputed immunity claims to trial undercuts the concept of immunity adopted by the legislature. Rule 3.190 allows for contested hearings on motions…
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State v. Reese, 774 So. 2d 948 (Fla. 5th DCA 2001)…had dominion and control over the contraband. Kalogeropolous, 758 So. 2d at 112. A motion to dismiss in a criminal ease is analogous to a motion made for summary judgment in civil cases and “[b]oth should be granted sparingly”. State v. Bonebright, 742 So. 2d 290, 291 (Fla. 1st DCA 1998). A motion to dismiss should be granted only where the most favorable construction of the facts would not establish a prima facie case of guilt. If there is any evidence upon which a reasonable jury could find guilt, a motion…
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- Tammi Jones v. Yellow CAB OF Pensacola Inc., 681 So. 2d 873 (Fla. 1st DCA 1996)
- Jones v. State, 711 So. 2d 633 (Fla. 1st DCA 1998)
- Wells v. State, 731 So. 2d 680 (Fla. 1st DCA 1997)
- Wallace v. State, 689 So. 2d 1159 (Fla. 4th DCA 1997)