STATE OF FLORIDA, APPELLANT,
v.
CATHY HIRES, APPELLEE

Fla. 2d DCA | 1979-06-15
No. 79-202
GRIMES, C. J., and DANAHY, J., concur.
372 So. 2d 183 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 14 cases
Topics
Grand Theft Prima Facie Case

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Opinion of the Court
HOBSON, Judge.

HOBSON, Judge.

The state charged appellant by information with the crime of grand theft in violation of Section 812.014, Florida Statutes (1977). The trial court dismissed the charge upon appellant’s motion under Fla.R. Crim.P. 3.190(c)(4). The state appeals and contends that the motion was improperly granted.

We note that a motion to dismiss by a criminal defendant should be granted only where the most favorable construction to the state would not establish a prima facie case of guilt. State v. Smith, 348 So. 2d 637 (Fla.2d DCA 1977). If there is any evidence upon which a jury of reasonable men could find guilt, a jury question results and the motion to dismiss must be denied. State v. DeJerinett, 283 So. 2d 126 (Fla.2d DCA 1973).

We find the facts alleged before the lower court sufficient to establish a prima facie case.

Reversed and remanded to the trial court for further proceedings.

GRIMES, C. J., and DANAHY, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. McQUAY, 403 So. 2d 566 (Fla. 3d DCA 1981)
    …o the State would not establish a prima facie case of guilt. See: State v. [*568] Smith, 348 So. 2d 637 (Fla.2d DCA 1977). And if there is any evidence upon which a reasonable jury could find guilt, such a motion must be denied. See: State v. Hires, 372 So. 2d 183 (Fla.2d DCA 1979). If the State files a traverse specifically denying under oath a material fact alleged in the motion, a denial of the motion is required. See: Fla.R.Crim.P. 3.190(d), and State v. J. T. S., 373 So. 2d 418 (Fla.2d DCA 1979). We fin…
  • State v. McCRAY, 387 So. 2d 559 (Fla. 2d DCA 1980)
    …f the facts to the state does not establish a prima facie case of guilt. State v. Smith, 348 So. 2d 637 (Fla. 2d DCA 1977). If there is any evidence upon which a jury of reasonable men could convict, the court should deny the motion. State v. Hires, 372 So. 2d 183 (Fla. 2d DCA 1979). Proof of state of mind for the purpose of second decree murder is a jury question which cannot be resolved on a motion to dismiss. State v. Rogers, 386 So. 2d 278 (Fla. 2d DCA 1980). We find the undisputed facts under considerat…
  • State v. Book, 523 So. 2d 636 (Fla. 3d DCA 1988)
    …of the facts to the state does not establish a prima facie case of guilt. State v. Smith, 348 So. 2d 637 (Fla.2d DCA 1977). If there is any evidence upon which a jury of reasonable men could convict, the court should deny the motion. State v. Hires, 372 So. 2d 183 (Fla.2d DCA 1979).”3 State v. McCray, 387 So. 2d 559, 561 (Fla.2d DCA 1980). As to Count I, Grand Theft; Count II, Fraudulent Insurance Claim by Submission of Invoice No. 00307; and Count III, Fraudulent Insurance Claim by the oral pronouncement t…

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