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800 So. 2d 715

State v. Costello

District Court of Appeal of Florida

Decided December 5, 2001

District Court of Appeal of Florida · decided 2001-12-05

Cited by 5 later decisions — most recently June 2017

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-05

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SALCINES, Judge.

¶1The 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.

¶2Reversed and remanded for further proT eeedings.

CASANUEVA, A.C.J., and DANAHY, PAUL W., Senior Judge, Concur.
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