STATE OF FLORIDA, APPELLANT,
v.
JOSEPH MILLER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
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.
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.
[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.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJoseph Miller was charged with sexual battery without personal injury. Miller moved to dismiss the information, arguing the victim consented to the pe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Disputed Material Facts cases and more on FLexlaw
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Kalogeropolous, 758 So. 2d 110 (Fla. 2000)
- State v. Ashler Rishaud Taylor, 16 So. 3d 997 (Fla. 5th DCA 2009)
- State v. Elliott, 941 So. 2d 567 (Fla. 1st DCA 2006)
- State v. Fadden, 466 So. 2d 1093 (Fla. 5th DCA 1985)