State v. Costello
This text of 800 So. 2d 715 (State v. Costello) 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.
Opinion
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.
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Cite This Page — Counsel Stack
800 So. 2d 715, 2001 Fla. App. LEXIS 17059, 2001 WL 1538883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-costello-fladistctapp-2001.