MILTON

v.

FLORIDA

Citator

Cited By

• State v. Booker, 529 So. 2d 1239 (Fla. 1st DCA 1988)
  …also have intended to participate in the crime. See Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983). The issue of a defendant’s intent is not resolvable by a motion to dismiss. See State v. Milton, 488 So. 2d 878 (Fla. 1st DCA), cert. denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (1986), quoting State v. Hricik, 445 So. 2d 1119, 1120 (Fla. 2d DCA 1984), stating that “[a] defendant’s intent is not an issue to be decided by the trial court on a Rule 3.190(c)(4) motion to dismiss.” REVERSED and R…
• State v. Snyder, 635 So. 2d 1057 (Fla. 2d DCA 1994)
  …summary judgment proceeding. The court also may not consider the weight of conflicting evidence or the credibility of the witnesses in determining whether a material issue of fact exists. State v. Milton, 488 So. 2d 878 (Fla. 2d DCA), cert, denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (U.S.1986). Applying this test to the instant case, I would hold that the evidence establishes a prima facie case against the appellee and reverse for a trial on the merits. The appellee was charged with illegal posse…
• State v. Donovan Mitchell, 624 So. 2d 859 (Fla. 5th DCA 1993)
  …ry’s as to what is or is not lewd and lascivious behavior in a motion to dismiss. The trial judge may not evaluate the evidence, but only look to the prima facie sufficiency of the facts. State v. Milton, 488 So. 2d 878 (Fla. 1st DCA), cert. denied, 479 U.S. 1012, 107 S.Ct. 659, 93 L.Ed.2d 713 (1986). This court, in reversing an order which dismissed a criminal charge, has held that: An order dismissing an information pursuant to a (e)(4) motion is similar to a summary judgment in a civil case. It should be…