Florida Rule Of Criminal Procedure 3.190(C)(4) Motion To Dismiss

68 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Ortiz
  766 So. 2d 1137· Fla. 3d DCA· 2000-08-23 ·cited 61×
  Florida appeals the trial court's dismissal of an attempted sexual battery charge against Julio Ortiz, who was also charged with first-degree murder. The appellate court reverses, holding that circumstantial evidence—including the victim's nude body found in an isolated area with
• State v. Walthour
  876 So. 2d 594· Fla. 5th DCA· 2004-06-04 ·cited 45×
  The court held that the trial court erred in dismissing charges for possession of a concealed weapon and drug paraphernalia, as the facts presented a prima facie case for jury determination.
• State v. Ferris Michele Paleveda
  745 So. 2d 1026· Fla. 2d DCA· 1999-10-20 ·cited 44×
  The State's failure to file a traverse does not automatically dismiss a charge, and the issue of knowledge of contraband is a question of fact not properly resolved on a motion to dismiss.
• State v. Benny Lee Green
  400 So. 2d 1322· Fla. 5th DCA· 1981-07-15 ·cited 35×
  The State appeals the trial court's dismissal of charges against Benny Lee Green for resisting arrest with violence. The appellate court holds that the ambiguous facts regarding Green's 'wiggling and struggling' during handcuffing present a jury question about whether the resista
• State v. Oberholtzer
  411 So. 2d 376· Fla. 4th DCA· 1982-03-31 ·cited 28×
  The State's traverse to the motion to dismiss was sufficient to place material facts in controversy, requiring denial of the motion.
• Velasquez v. State
  9 So. 3d 22· Fla. 4th DCA· 2009-02-02 ·cited 27×
  When a defendant raises immunity under Florida Statute section 776.032 via a Rule 3.190(c)(4) motion to dismiss, the trial court must apply that rule's procedural framework, which mandates denial of the motion when the state presents evidence disputing material facts, rather than
• State v. Clemon Lewis
  463 So. 2d 561· Fla. 2d DCA· 1985-02-15 ·cited 26×
  Florida appeals the trial court's dismissal of a conspiracy to traffic in cocaine charge against Lewis. The appellate court reverses, holding that the state's traverse allegations were sufficient to establish a prima facie case of conspiracy, creating a jury question that preclud
• State v. Shorette
  404 So. 2d 816· Fla. 2d DCA· 1981-10-09 ·cited 26×
  Florida appealed the dismissal of two aggravated assault counts against Shorette, arguing that the state had established a prima facie case. The appellate court affirmed the dismissal, holding that because aggravated assault requires specific intent to do violence and the undispu
• State v. Jayson Santiago
  938 So. 2d 603· Fla. 4th DCA· 2006-09-27 ·cited 23×
  The State appealed a trial court's dismissal of lewd or lascivious molestation charges against Santiago. The court reversed, holding that whether the defendant acted with lewd or lascivious intent is a factual question for the jury, not a legal question for the judge to decide on
• Wilson v. State
  744 So. 2d 1237· Fla. 1st DCA· 1999-11-17 ·cited 22×
  A parent's privilege to administer corporal punishment extends to the felony child abuse statute, exempting such actions from prosecution if they do not rise to the level of aggravated child abuse.
• State v. Bonebright
  742 So. 2d 290· Fla. 1st DCA· 1998-07-29 ·cited 21×
  The State appeals a trial court order dismissing a first-degree arson charge against Bonebright under Florida Rule of Criminal Procedure 3.190(c)(4). The district court reverses, holding that the undisputed evidence—showing the defendant alone with the victim before a fire intent
• State v. Gutierrez
  649 So. 2d 926· Fla. 3d DCA· 1995-02-08 ·cited 21×
  The Florida District Court of Appeal reversed an order dismissing a criminal information, holding that the defendant's motion to dismiss was insufficient because conflicting witness testimony created a material issue of fact. The court also noted the State's traverse was procedur
• State v. Hart
  677 So. 2d 385· Fla. 4th DCA· 1996-07-17 ·cited 18×
  Florida appealed the dismissal of a sentencing enhancement charge under the state's hate crime statute against William Hart, who was charged with corruption by threat and made racist threats against an African American police officer. The court reversed, holding that whether raci
• Marrero v. State
  493 So. 2d 463· Fla. 3d DCA· 1985-10-08 ·cited 18×
  Juan Marrero appeals his conviction for attempted trafficking in cannabis, claiming entrapment. The Florida District Court of Appeal reverses, holding that the police engaged in entrapment as a matter of law by repeatedly soliciting Marrero over six months without evidence of pri
• State v. Fordham
  465 So. 2d 580· Fla. 5th DCA· 1985-03-14 ·cited 18×
  A sworn motion is required for dismissal under Rule 3.190(c)(4), and an affidavit based on information and belief or depositions is insufficient.
• State v. Terma
  997 So. 2d 1174· Fla. 3d DCA· 2008-12-17 ·cited 17×
  Florida appealed a trial court's dismissal of criminal charges against Ronald Terma under Rule 3.190(c)(4). The appellate court reversed, holding that the State's sworn traverse specifically denying material facts and asserting additional facts was legally sufficient to establish
• State v. Conisha A. Cadore
  59 So. 3d 1200· Fla. 2d DCA· 2011-04-27 ·cited 15×
  The State of Florida appealed a trial court's dismissal of drug trafficking charges against Conisha Cadore on a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4). The court held that because the State's case relied entirely on circumstantial evidence requirin
• State v. Hudson
  27 So. 3d 155· Fla. 1st DCA· 2010-01-29 ·cited 15×
  Florida appealed the trial court's dismissal of an aggravated assault charge against defendant Timothy Hudson. The court reversed, holding that the State's traverse denying material facts created a genuine dispute of fact, preventing dismissal under Florida Rule of Criminal Proce
• State v. Hinkle
  970 So. 2d 433· Fla. 4th DCA· 2007-11-28 ·cited 13×
  The court held that the trial court erred in dismissing the charge of carrying a concealed weapon because the facts presented a prima facie case for concealment.
• State v. Yarn
  63 So. 3d 82· Fla. 2d DCA· 2011-05-20 ·cited 12×
  The State's traverse, alleging facts sufficient to infer the firearm was concealed under a T-shirt, established a prima facie case, requiring denial of the motion to dismiss.
• State v. Sheppard
  401 So. 2d 944· Fla. 5th DCA· 1981-08-05 ·cited 12×
  A trial court errs in granting a motion to dismiss a vehicular homicide charge when the state's traverse alleges facts that, if believed, establish recklessness and proximate causation.
• State v. Atkinson
  490 So. 2d 1363· Fla. 5th DCA· 1986-07-10 ·cited 11×
  The court held that circumstantial evidence of intent to influence testimony can be sufficient to establish a prima facie case for witness tampering, precluding dismissal.
• Vanhoosen v. State
  469 So. 2d 230· Fla. 1st DCA· 1985-05-29 ·cited 11×
  The court held that the trial judge correctly denied the motion to dismiss because the State's traverse raised disputed material facts regarding the labeling of the pills.
• State v. Audria Diane Gensler
  929 So. 2d 27· Fla. 3d DCA· 2006-04-05 ·cited 10×
  The state presented a prima facie case of vehicular homicide where the defendant operated a motor vehicle recklessly at approximately ninety miles per hour on an unlit highway at 3:15 a.m., ignored a flashing yellow traffic signal, and struck a pedestrian, with recklessness and p
• State v. Sawyer
  526 So. 2d 191· Fla. 3d DCA· 1988-06-07 ·cited 10×
• State v. Gomez
  508 So. 2d 784· Fla. 5th DCA· 1987-06-25 ·cited 10×
  Florida appealed the dismissal of charges against Gomez for unlawfully carrying a concealed firearm and concealed weapon. The court affirmed the dismissal of the weapon count but reversed the dismissal of the firearm count, finding that a firearm shoved under a car seat was 'read
• Romulus Brinkley, Jr. v. State
  874 So. 2d 1199· Fla. 5th DCA· 2004-05-14 ·cited 9×
  The court held that the State presented a prima facie case, and the reasonableness of the defendant's belief and the applicability of the castle doctrine were questions for the jury.
• Puy v. State
  294 So. 3d 930· Fla. 4th DCA· 2020-04-15 ·cited 8×
  A trial court properly denies a motion to dismiss a charge under Florida Statute § 836.10 when the state establishes a prima facie case that a social media posting was sufficient to cause alarm in reasonable persons, leaving the factual determination of whether the posting consti
• State v. Shuler
  988 So. 2d 1230· Fla. 5th DCA· 2008-08-22 ·cited 8×
  The State appealed the trial court's dismissal of six counts charging Shuler with conspiracy to traffic in cocaine and unlawful use of a two-way device. The appellate court reversed the dismissals, holding that the undisputed facts—including meetings, recorded conversations, and
• State v. Anne Lanier
  979 So. 2d 365· Fla. 4th DCA· 2008-04-16 ·cited 8×
  The Florida Fourth District Court of Appeal affirmed the trial court's dismissal of child abuse and neglect charges against an elementary school teacher who stomped on a student's foot and pushed another student's chair near stairs. The court held that the undisputed facts did no
• State v. Ivory Covington, II
  973 So. 2d 481· Fla. 3d DCA· 2007-10-17 ·cited 8×
  The State of Florida appeals the trial court's order dismissing criminal charges against Ivory Covington based on a Rule 3.190(c)(4) motion to dismiss. The appellate court reverses, holding that Covington's supporting affidavits were legally insufficient to establish the absence
• State v. Wall
  445 So. 2d 646· Fla. 2d DCA· 1984-02-15 ·cited 8×
  The court held that the state's traverse, which specifically denied material facts in the defendant's affidavit, created a factual dispute requiring denial of the motion to dismiss.
• State v. Cowart
  301 So. 3d 332· Fla. 5th DCA· 2020-02-14 ·cited 7×
  The State appealed a trial court's dismissal of charges against Blake Cowart for sending a threatening Snapchat image of an AR-15 rifle captioned 'Show and Tell @NM on Monday' to a high school student. The appellate court reversed the dismissal, finding that the State presented s
• State v. Weinstein
  623 So. 2d 835· Fla. 4th DCA· 1993-09-08 ·cited 6×
  The trial court erred in granting the motion to dismiss because the state's traverse required denial of the motion and the facts alleged did constitute a crime.
• State v. Waller
  621 So. 2d 499· Fla. 2d DCA· 1993-06-30 ·cited 6×
  The circuit court departed from the essential requirements of law by instructing the county court to use an incomplete definition of "lewdness" and to apply a First Amendment obscenity analysis prematurely.
• State v. Excilia Duque
  472 So. 2d 758· Fla. 2d DCA· 1985-05-22 ·cited 6×
  The State appeals the trial court's dismissal of charges that Excilia Duque solicited the murder of her former husband Louis Angel Duque. The appellate court reverses, holding that the undisputed facts—including Duque's repeated statements that her ex-husband should be dead and h
• State v. Eugui
  60 So. 3d 1185· Fla. 4th DCA· 2011-05-25 ·cited 4×
• State v. Kalogeropoulos
  735 So. 2d 507· Fla. 4th DCA· 1999-03-24 ·cited 4×
  The State appealed a trial court's order granting the defendant's motion to dismiss in a vehicular homicide case. The Fourth District Court of Appeal affirmed, holding that the State's traverse to the motion to dismiss was not legally sufficient because it failed to specifically
• State v. Armstrong
  616 So. 2d 510· Fla. 4th DCA· 1993-03-17 ·cited 4×
  The court held that the undisputed facts presented in the defendant's motion to dismiss were insufficient to negate a prima facie case of guilt, despite the state's procedurally inadequate traverse.
• State v. Yarborough
  571 So. 2d 17· Fla. 2d DCA· 1990-07-11 ·cited 4×
  Florida appeals the dismissal of two felony cases against Yarborough for burglary and theft. The court holds that while a prosecutor's oral traverse without written notice may constitute error, the trial court properly dismissed charges where the state's written traverse lacked g
• State v. Williams
  539 So. 2d 575· Fla. 5th DCA· 1989-03-09 ·cited 4×
  The court held that the trial court erred in dismissing the information because the State presented sufficient evidence to establish a prima facie case of cocaine trafficking.
• State v. Gonzalez
  433 So. 2d 646· Fla. 2d DCA· 1983-06-24 ·cited 4×
• State v. Radandt
  410 So. 2d 665· Fla. 4th DCA· 1982-03-10 ·cited 4×
  The State of Florida appealed the dismissal of a drug possession charge against Dale Radandt. The trial court erred in granting Radandt's motion to dismiss where the State filed a sworn traverse denying material facts, which created a genuine issue of fact that precluded dismissa
• State v. Ecduard Paredes
  191 So. 3d 936· Fla. 4th DCA· 2016-05-11 ·cited 3×
  The State appeals a trial court's dismissal of an attempted burglary charge against Paredes under Florida Rule of Criminal Procedure 3.190(c)(4). The appellate court reverses, holding that when the State's evidence is circumstantial, whether it excludes all reasonable hypotheses
• Griffin v. State
  711 So. 2d 1195· Fla. 1st DCA· 1998-04-27 ·cited 3×
  The court held that the trial court properly denied the defendant's motion to dismiss the trafficking charge and motion to suppress evidence, affirming the judgment and sentence.
• Goodman v. State
  689 So. 2d 428· Fla. 1st DCA· 1997-03-13 ·cited 3×
  Whether a firearm on a car's floorboard behind a passenger's heel is concealed is a question of fact for the trier of fact, not a matter of law for dismissal.
• State v. Quetglas
  901 So. 2d 360· Fla. 2d DCA· 2005-05-06 ·cited 2×
  The State appeals the dismissal of a drug possession charge against Quetglas. The trial court dismissed the charge for possession of GBL (gamma butyrolactone), reasoning that the legislature's subsequent addition of GBL to the controlled substances schedule meant GBL was excluded
• State v. Davis
  890 So. 2d 1242· Fla. 4th DCA· 2005-01-19 ·cited 2×
  The court held that the state failed to make a prima facie case of grand theft and that the defendant's inclusion of sworn deposition testimony in the motion to dismiss was proper.
• State v. Ihovany Rodriguez
  640 So. 2d 206· Fla. 4th DCA· 1994-08-03 ·cited 2×
  Florida's appeal of a trial court's dismissal of cocaine trafficking charges against Rodriguez. The court reversed the dismissal, holding that the state's traverse sufficiently placed material facts in issue and that credibility questions regarding dominion and control cannot be
• State v. Crafton
  575 So. 2d 777· Fla. 5th DCA· 1991-03-07 ·cited 2×
  The court held that a motion to dismiss an information under Rule 3.190(c)(4) must contain specific, sworn factual allegations, and if it does not, the burden of persuasion does not shift to the state.