Florida District Courts of Appeal, 2001

State v. Costello

Florida District Courts of Appeal · Decided December 5, 2001 · Casanueva, Danahy, Paul, Salcines

800 So. 2d 715; 2001 Fla. App. LEXIS 17059; 2001 WL 1538883 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

SunN Lake of Sebring Dist. v. McIntyre (Fla. Dist. Ct. App. 2001)

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Opinion of the Court

SALCINES, Judge.

The State appeals an order dismissing a charge of second-degree grand theft filed against Paula Zorka Costello. Because the facts set forth in the motion to dismiss and the State’s traverse raised disputed issues of material fact concerning Ms. Costello’s intent, and the undisputed facts otherwise demonstrated a prima facie case of second-degree grand theft pursuant to section 812.014(1), Florida Statutes (1997), the trial court erred in granting Ms. Costello’s motion to dismiss. See Fla. R.Crim. P. 3.190(d). Accordingly, we reverse.

Reversed and remanded for further proT eeedings.

CASANUEVA, A.C.J., and DANAHY, PAUL W., Senior Judge, Concur.

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