STATE OF FLORIDA, APPELLANT,
v.
JAMIE EUGUI, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.190(C)(4) Motion To Dismiss cases and more on FLexlaw
We reverse the dismissal of the information charging appellee with one count of delivery of a counterfeit controlled substance. See § 831.31, Fla. Stat. (2009). The trial court based the dismissal on a motion appellee filed under Florida Rule of Criminal Procedure 3.190(c)(4). The state filed a traverse which set forth specific facts which, in the light most favorable to the state, establish appellant’s knowing participation in the drug transaction. For example, a coconspirator told the state’s confidential informant that the crack was in transit, and that the informant “needed to wait for [appellee], who was in the bar, to go get the crack.” Appellee told the informant to wait for him in a bar, went to a codefendant’s house, and returned with another codefendant who made the hand-to-hand transaction. To survive a motion to dismiss, “the state need not produce evidence sufficient to sustain a conviction. *1186So long as the state shows the barest prima facie case, it should not be prevented from prosecuting.” State v. Bailey, 508 So.2d 1268, 1269 (Fla. 4th DCA 1987) (internal citations omitted).
GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013)…. R.Crim. P. 3.190(d) (“A motion to dismiss under subdivision (c)(4) of this rule shall be denied if the state files a traverse that, with specificity, denies under oath the material fact or facts alleged in the motion to dismiss.”); State v. Eugui, 60 So. 3d 1185, 1185-86 (Fla. 4th DCA 2011) (“To survive a motion to dismiss, the state need not produce evidence sufficient to sustain a conviction. So long as the state shows the barest prima facie case, it should not be prevented from prosecuting.”) (internal c…1 / 2
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)