STATE OF FLORIDA, APPELLANT,
v.
THOMAS EARL PUGH, APPELLEE
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Florida appellate court reversed trial court's dismissal of information charging defendant with unlawful abandonment of a hired vehicle under Fla. Stat. § 817.52(3), holding the information adequately charged the crime and defendant's motion to dismiss failed to demonstrate legal insufficiency.
The information adequately charged a crime under section 817.52(3), and defendant's motion to dismiss did not demonstrate the legal insufficiency of the information.
[1] A motion to dismiss an information charging unlawful abandonment of a hired vehicle under Fla. …
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Join FLexlaw to unlock all legal intelligenceDefendant was charged with unlawfully and fraudulently abandoning or refusing to redeliver a hired vehicle. The state alleged defendant was not grante…
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PER CURIAM.
Upon review of the briefs and record on appeal we are of the opinion that the trial court erred in granting defendant’s motion to dismiss the information.
Defendant was charged with unlawfully and fraudulently abandoning or refusing to redeliver a hired vehicle in contravention of Section 817.52(3), Florida Statutes. The defendant filed a motion to dismiss asserting that there were no disputed material facts and that the undisputed facts failed to establish a prima facie case of defendant’s guilt within the contemplation of said section 817.52(3). The state filed a traverse and demurrer setting forth additional facts reflecting that defendant was not granted permission or authority to keep the hired vehicle beyond a certain return date. Based upon the rationale set forth in State v. Glesy, 243 So. 2d 635 (Fla. 4th DCA 1971) and Camp v. State, 293 So. 2d 114 (Fla. 4th DCA 1974), it is our opinion that the information adequately charged a crime under section 817.52(3), and that defendant’s motion to dismiss did not demonstrate the legal insufficiency of the information or reflect such matters as would exonerate him. State v. Giesy, supra.
Accordingly, the order granting defendant’s motion to dismiss is reversed and set aside and the cause remanded for further proceedings consistent herewith.
MAGER, DOWNEY and ANSTEAD, JJ., concur.
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State v. Fadden, 466 So. 2d 1093 (Fla. 5th DCA 1985)…v. Carroll, 404 So. 2d 844 (Fla. 5th DCA 1981). The order granting the motion to dismiss the information in this case is reversed and the cause remanded for further proceedings. REVERSED. COBB, C.J., and DAUKSCH, J., concur. . See State v. Pugh, 350 So. 2d 89 (Fla. 4th DCA 1977). . See generally State v. Patel, 453 So. 2d 218 (Fla. 5th DCA 1984); State v. Upton, 392 So. 2d 1013 (Fla. 5th DCA 1981); State v. Shull, 390 So. 2d 1233 (Fla. 5th DCA 1980); State v. McKee, 386 So. 2d 1296 (Fla. 5th DCA 1980);…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Giesy, 243 So. 2d 635 (Fla. 4th DCA 1971)
- Camp v. State, 293 So. 2d 114 (Fla. 4th DCA 1974)