State v. Anderson

¶1concurring specially:

¶2I concur in the result reached by the majority because I believe the facts properly before the trial court, resolving all inferences against the defendant,1 could establish a prima facie case of guilt. A (c)(4) motion is similar to a summary judgment in a civil case; it should be granted sparingly and only when no factual basis exists which could establish a prima facie case of *1371guilt. State v. Patel, 453 So.2d 218, 219 (Fla. 5th DCA 1984).

¶3The result here would be different had this been a trial motion for judgment of acquittal with no additional evidence adduced by the state in regard to any relationship between Miller and Anderson.