NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
v. Appeal No. CRC 05-37 APANO
THOMAS J. DREWES
Opinion filed _____________________.
Appeal from an order entered by the
County Judge Patrick Caddell
Donald P. Gibson, Esq.
Assistant State Attorney
Michael Babboni, Esq.
Attorney for appellee
ORDER AND OPINION
††††††††††† (J. Demers)
††††††††††† THIS MATTER is before the Court on the Stateís appeal from an order entered by the Pinellas County Court granting the defendantís motion to dismiss. After reviewing the briefs and record, this Court reverses the decision of the trial court.
defendant filed a motion to dismiss pursuant to Florida Rule of Criminal
Procedure 3.190(c)(4), and the State filed a traverse in response. The
defendant claimed that the undisputed facts did not demonstrate a prima facie
case. In its traverse, however, the State contended that there were material
disputed facts. Specifically, the State contended there were witnesses to the
incidents, and that there was conflicting evidence from the alleged victim. That
is where a trial courtís inquiry should end. See Boler v. State, 678
So.2d 319 (
†Moreover, the trial courtís inquiry did not resolve all factual issues. There was conflicting evidence from the alleged victim herself. In addition, there was an independent witness, the alleged victimís friend, to the second incident. This independent witness was not questioned by the trial court. Thus, even if the testimony of the two alleged witnesses were discounted, there still existed some evidence to support the Stateís charge. It was, therefore, error for the trial court to dismiss the charges.
††††††††††† IT IS THEREFORE ORDERED that the order granting the defendantís motion to dismiss is reversed, and this case is remanded to the trial court for further action consistent with this opinion.
AND ORDERED in Chambers at
David A. Demers††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert J. Morris, Jr.
Circuit Judge††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Circuit Judge
††††††††††††††††††††††††††††††††††††††††††††††† Irene H. Sullivan
††††††††††††††††††††††††††††††††††††††††††††††† Circuit Judge
cc:††††††† State Attorney
††††††††††† Judge Caddell
††††††††††† Michael Babboni, Esq.