ANTHONY DEJERINETT, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Upton, 392 So. 2d 1013 (Fla. 5th DCA 1981)
  …h a valid defense, a motion to dismiss should be granted. Where, however, the undisputed facts permit the conclusion that the defendant could be found guilty, the motion must be denied. State v. De Jerinett, 283 So. 2d 126 (Fla.2d DCA), cert. denied 287 So. 2d 689 (Fla.1973). Unlike the standard to be employed by a jury when it considers the evidence, on a “(c)(4)” motion all inferences are resolved against the defendant. De Jerinett, supra. Here, while much of the evidence is circumstantial, it cannot be sa…
• State v. Benny Lee Green, 400 So. 2d 1322 (Fla. 5th DCA 1981)
  …s response to it are susceptible of an interpretation that establishes such a prima facie case. Ellis v. State, 346 So. 2d 1044 (Fla. 1st DCA), cert. denied, 352 So. 2d 175 (Fla.1977); State v. DeJerinett, 283 So. 2d 126 (Fla. 2d DCA), cert. denied, 287 So. 2d 689 (Fla.1973). The trial court therefore erred by granting Green’s motion to dismiss. Green’s motion states that he “wiggled and struggled” when the deputies attempted to handcuff him. The ambiguity of this description prevents a determination by the…
• State v. Fuller, 463 So. 2d 1252 (Fla. 5th DCA 1985)
  …cket and concealed it there prior to his accident. Where undisputed facts or inferences permit the conclusion that the defendant may be found guilty, a (c)(4) motion should be denied. State v. De Jerinett, 283 So. 2d 126 (Fla. 2d DCA), cert. denied, 287 So. 2d 689 (Fla.1973). Accordingly, the order dismissing Count One of the information is REVERSED. ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur. . § 790.01, FIa.Stat. (1983).…

Authorities Cited

• State v. de Jerinett, 283 So. 2d 126 (Fla. 2d DCA 1973)