STATE OF FLORIDA, APPELLANT,
v.
JOSEPH MILLER, APPELLEE

Fla. 5th DCA | 2015-02-06
No. 5D14-1825
TORPY, C.J. and PLEUS, R„ Senior Judge, concur.
159 So. 3d 184 Florida District Court of Appeal, Fifth District (2015)

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Synopsis

The State of Florida appealed a trial court's dismissal of a sexual battery charge against Joseph Miller. The appellate court reversed the dismissal, finding the State's traverse created a factual dispute that should have prevented dismissal.


Holding

Yes, the trial court erred in granting the motion to dismiss. The State's traverse created a dispute as to the material facts, which mandates the denial of such a motion.


Headnotes

[1] A motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) shall be denied if the State files a traverse that, with specificity, denies under oath the mater…

[2] Where the State's traverse creates a dispute as to material facts in a case, an automatic denial of a motion to dismiss must follow.

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Key Quotes

“a motion to dismiss under subdivision (c)(4) ... 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.”

Establishes the legal standard for denying a motion to dismiss when the State files a traverse.

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Facts & Procedural History

Joseph Miller was charged with sexual battery without personal injury. Miller moved to dismiss the information, arguing the victim consented to the pe…

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Opinion of the Court
SWANSON, J., Associate Judge.

SWANSON, J., Associate Judge.

The State of Florida appeals the trial court’s final order granting Joseph Miller’s motion to dismiss the information charging him with sexual battery without personal injury, in violation of section 794.011(5), Florida Statutes (2012). We have jurisdiction, see Florida Rule of Appellate Procedure 9.030(b)(1)(A), and, for the reasons that follow, we reverse.

The information alleged that Miller had penetrated the victim’s vagina without her consent. Miller moved the trial court to dismiss the information under Florida Rule of Criminal Procedure 3.190(b), arguing the undisputed facts show the victim consented to the penetration. The state filed a traverse under Florida Rule of Criminal Procedure 3.190(d). The traverse, the arguments of counsel, and the reasoning of the trial court reflect that the motion to dismiss was in effect treated as one filed under Florida Rule of Criminal Procedure 3.190(c)(4). Therefore, “[a] motion to dismiss under subdivision (c)(4) ... 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.” Fla. R. Crim. P. 3.190(d) (emphasis added). In this matter, we hold the State’s traverse provides material factual allegations that meet the minimum requirements of a prima facie case with respect to the charge. See State v. Kalogeropolous, 758 So.2d 110, 111 (Fla.2000); State v. Fadden, 466 So.2d 1093, 1095 (Fla. 5th DCA 1985). “[W]here the State’s traverse creates a dispute as to the material facts in a case, an automatic denial of the motion to dismiss must follow.” State v. Taylor, 16 So.3d 997, 999 (Fla. 5th DCA 2009) (citing State v. Elliott, 941 So.2d 567 (Fla. 1st DCA 2006)). Consequently, the trial court’s order granting the motion to dismiss was in error. Accordingly, the order is reversed and the cause is remanded for further proceedings consistent with this opinion.

REVERSED and REMANDED.

TORPY, C.J. and PLEUS, R„ Senior Judge, concur.


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