State v. Beatty

District Court of Appeal of Florida

State v. Beatty

504 So. 2d 439, 12 Fla. L. Weekly 649, 1987 Fla. App. LEXIS 7004

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1987

DocketNo. 86-1697

StatusPublished

Cited by1 cases

This text of 504 So. 2d 439 (State v. Beatty) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Beatty, 504 So. 2d 439, 12 Fla. L. Weekly 649, 1987 Fla. App. LEXIS 7004 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The state appeals the order of the trial court granting appellee’s motion to dismiss. We agree with the appellant that the existence of disputed material facts in this case prevents the granting of a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). State v. Lewis, 463 So.2d 561 (Fla. 2d DCA 1985); State v. Fadden, 466 So.2d 1093 (Fla. 5th DCA 1985).

Appellee had been charged with battery on a law enforcement officer. He argues as a defense that the officer was not.performing a lawful duty when the battery took place. It is undisputed that appellee struck the officer; whether the officer was performing a lawful duty at the time is a fact in dispute which should not be determined by a (c)(4) motion. State v. Gilchrist, 458 So.2d 1200 (Fla. 5th DCA 1984).

We reverse the order of dismissal and remand for further proceedings.

DANAHY, C.J., and SCHEB, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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