State v. Martinez

District Court of Appeal of Florida

State v. Martinez

502 So. 2d 74, 12 Fla. L. Weekly 487, 1987 Fla. App. LEXIS 6687

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1987

DocketNo. 86-862

StatusPublished

This text of 502 So. 2d 74 (State v. Martinez) 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. Martinez, 502 So. 2d 74, 12 Fla. L. Weekly 487, 1987 Fla. App. LEXIS 6687 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The final order dismissing the information filed below charging the defendant Anthony Martinez with manslaughter by culpable negligence [§ 782.07, Fla. Stat.(1985) ], is affirmed upon a holding that the said information was properly dismissed under Fla.R.Crim.P. 3.190(c)(4). We reach this result for two reasons.

First, the material facts of this case, as stated in the defendant’s sworn motion to dismiss, do not constitute a prima facie case of culpable negligence manslaughter under Section 782.07, Florida Statutes (1985). Parker v. State, 318 So.2d 502 (Fla. 1st DCA 1975), cert. denied, 330 So.2d 21 (Fla.1976); Getsie v. State, 193 So.2d 679 (Fla. 4th DCA 1966), cert. denied, 201 So.2d 464 (Fla.1967).

Second, the fact that the state’s traverse denied, in part, that the material facts alleged in the defendant’s sworn motion to dismiss were the only material facts in the case, and alleged other material facts — although urged as sufficient in itself to defeat such a motion, State v. Blanco, 432 So.2d 633 (Fla. 3d DCA 1983) — cannot defeat the motion to dismiss in this case because, even if the additional material facts as alleged in the state’s traverse are also considered, as urged, the state still does not have a prima facie of culpable negligence manslaughter under Section 782.07, Florida Statutes (1985).

Affirmed.

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PER CURIAM.

The final order dismissing the information filed below charging the defendant Anthony Martinez with manslaughter by culpable negligence [§ 782.07, Fla. Stat.(1985) ], is affirmed upon a holding that the said information was properly dismissed under Fla.R.Crim.P. 3.190(c)(4). We reach this result for two reasons.

First, the material facts of this case, as stated in the defendant’s sworn motion to dismiss, do not constitute a prima facie case of culpable negligence manslaughter under Section 782.07, Florida Statutes (1985). Parker v. State, 318 So.2d 502 (Fla. 1st DCA 1975), cert. denied, 330 So.2d 21 (Fla.1976); Getsie v. State, 193 So.2d 679 (Fla. 4th DCA 1966), cert. denied, 201 So.2d 464 (Fla.1967).

Second, the fact that the state’s traverse denied, in part, that the material facts alleged in the defendant’s sworn motion to dismiss were the only material facts in the case, and alleged other material facts — although urged as sufficient in itself to defeat such a motion, State v. Blanco, 432 So.2d 633 (Fla. 3d DCA 1983) — cannot defeat the motion to dismiss in this case because, even if the additional material facts as alleged in the state’s traverse are also considered, as urged, the state still does not have a prima facie of culpable negligence manslaughter under Section 782.07, Florida Statutes (1985).

Affirmed.

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502 So. 2d 74, 12 Fla. L. Weekly 487, 1987 Fla. App. LEXIS 6687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martinez-fladistctapp-1987.

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