State v. Costello
State v. Costello
800 So. 2d 715; 2001 Fla. App. LEXIS 17059; 2001 WL 1538883
(Southern Reporter, Second Series)
State v. Costello
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.