STATE OF FLORIDA, APPELLANT,
v.
ABRAHAM TORRES, APPELLEE
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Florida's appellate court reversed the dismissal of charges against Torres, holding that the State presented a prima facie case of aiding and abetting a robbery by driving the perpetrators to the scene and facilitating their escape.
When a motion to dismiss is filed, all inferences must be resolved in favor of the State, and if the State shows a prima facie case, the motion should be denied.
[1] On a motion to dismiss, all inferences must be resolved in favor of the State, and if the State establishes a prima facie case, the motion should be denied and the case a…
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Join FLexlaw to unlock all legal intelligenceTorres admitted driving an automobile with several occupants who committed a robbery but denied participating in or knowing about the robbery. The Sta…
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DEAN, AMY N., Associate Judge.
The State of Florida appeals an Order granting a Motion to Dismiss filed by Appel-lee, Abraham Torres. WE REVERSE.
Appellee filed a sworn motion to dismiss admitting he was the driver of an automobile with several occupants who committed a robbery. Appellee denied participation in the robbery and denied knowledge that a robbery was to be committed by his passengers. The State filed a traverse which alleged that the victim would testify that Ap-pellee drove two passengers to the site of the robbery, the passengers got out of the vehicle, and they committed the robbery in plain view of Appellee. The passengers then reentered the vehicle, and Appellee drove away at a high rate of speed, thereby effectuating their escape. In this regard, when a motion to dismiss is filed, all inferences should be resolved in favor of the State, and so long as the State shows a prima facie ease, it should not be prevented from prosecuting its case. State v. Bailey, 508 So. 2d 1268 (Fla. 4th DCA), rev. denied, 518 So. 2d 1273 (Fla.1987). The State satisfied its burden in the traverse filed and should be allowed to proceed to trial on the merits.
The cause is therefore REVERSED and REMANDED.
KLEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Slay v. State, 508 So. 2d 1268 (Fla. 1st DCA 1987)
- State v. Garth Bailey, 508 So. 2d 1268 (Fla. 4th DCA 1987)