State v. Guyton

3 Citing cases

  1. State v. McQuay

    403 So. 2d 566 (Fla. Dist. Ct. App. 1981)   Cited 15 times
    Discussing burden involved with respect to motion to dismiss

    It was error to dismiss the charge of aggravated assault (Count III). The State's traverse specifically discounted the defendants' position that the victim had not been placed in a well-founded fear of bodily injury and that there was no use or involvement of a deadly weapon. See: State v. Guyton, 331 So.2d 392 (Fla. 4th DCA 1976). It was error to dismiss the charges of the display of a firearm while committing a felony (Count IV), and the display of a weapon while committing a felony (Count V). Simply because the victim and the police could not identify which of the defendants had actual possession of the firearm and weapons (because it was dark and most of the defendants had bandages on their faces), is an insufficient ground for dismissal. The defendants are still aiders and abettors and can be convicted under Sections 790.07(1) and (2); 777.011, Florida Statutes (1979).

  2. Ferrinti v. State

    400 So. 2d 564 (Fla. Dist. Ct. App. 1981)

    PER CURIAM. Affirmed. Martinez v. State, 368 So.2d 338, 339-340 (Fla. 1978); Watford v. State, 353 So.2d 1263 (Fla.1st DCA 1978); State v. Smith, 348 So.2d 637, 638-39 (Fla.2d DCA 1977); see State v. Guyton, 331 So.2d 392 (Fla.4th DCA), cert. denied, 336 So.2d 1182 (Fla. 1976).

  3. State v. Shull

    390 So. 2d 1233 (Fla. Dist. Ct. App. 1980)   Cited 2 times

    While the procedural deficiency of the amended motion to dismiss requires reversal, we feel it is also appropriate to observe that assuming, arguendo, that the amended motion to dismiss had been sworn to and had incorporated all of the alleged facts in the supporting memorandum of law, the state's traverse was sufficient to raise disputed material issues of fact regarding defendant's knowledge and intent, thereby requiring a denial of the motion to dismiss. State v. Guyton, 331 So.2d 392 (Fla. 4th DCA 1976); State v. West, 262 So.2d 457 (Fla. 4th DCA 1972). The order dismissing the amended information is reversed and the cause remanded for further proceedings consistent herewith.