THE STATE OF FLORIDA, APPELLANT,
v.
E.A., A JUVENILE, APPELLEE
Explore caselaw by topic → Browse Grand Theft Elements cases and more on FLexlaw
SHEVIN, Judge.
We affirm the trial court’s order granting E.A.’s sworn motion to dismiss. Contrary to the state’s position, the record before the trial court supports its ruling that no issues of material fact existed and that the undisputed material facts — E.A.’s presence at the crime scene and his subsequent statements— failed to establish a prima facie case of guilt for grand theft against E.A. See Broner v. State, 559 So. 2d 745 (Fla. 2d DCA 1990); Z.S. v. State, 579 So. 2d 865 (Fla. 2d DCA 1991); Fla. R. Juv. P. 8.085(a)(6). Cf. State v. Gutierrez, 649 So. 2d 926, 928 (Fla. 3d DCA 1995)(where affidavits and depositions filed on motion to dismiss create material disputed facts court may not determine factual issues, or consider weight of evidence or witness credibility). See generally Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995)(setting forth elements of grand theft), approved, 684 So. 2d 189 (Fla.1996). Accordingly, the trial court properly granted the motion.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Amendment TO Fla. Rules OF Crim. Procedure Creating Rule 3.853 (DNA Testing). Amendment to Fla. Rules of App. Procedure 9.140 & 9.141, 807 So. 2d 633 (Fla. 2001)…relief in non-capital cases unless the facts on which the claim is predicated were unknown to the movant and could not have been ascertained by the exercise of due diligence. See Pope v. State, 702 So. 2d 221, 223, n. 1 (Fla.1997); McCray v. State, 701 So. 2d 1266 (Fla. 3d DCA 1997). DNA testing is a recent, highly accurate, application of scientific principles unknown at the time of Dedge’s trial. It is not well known to or understood by most lawyers and judges, I would wager, even in 1998. I think it unfair…
-
Wilton A. Dedge v. State, 723 So. 2d 322 (Fla. 5th DCA 1998)…relief in non-capital cases unless the facts on which the claim is predicated were unknown to the movant and could not have been ascertained by the exercise of due diligence. See Pope v. State, 702 So. 2d 221, 223, n. 1 (Fla.1997); McCray v. State, 701 So. 2d 1266 (Fla. 3d DCA 1997). DNA testing is a recent, highly accurate, application of scientific principles unknown at the time of Dedge’s trial. It is not well known to or understood by most lawyers and judges, I would wager, even in 1998. I think it unfair…
Authorities Cited
- Gaber v. State, 684 So. 2d 189 (Fla. 1996)
- State v. Gutierrez, 649 So. 2d 926 (Fla. 3d DCA 1995)
- Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995)
- Z.S. v. State, 579 So. 2d 865 (Fla. 2d DCA 1991)
- Broner v. State, 559 So. 2d 745 (Fla. 2d DCA 1990)