State v. Randall

Full title: STATE OF FLORIDA, APPELLANT, v. CLIFTON NMN RANDALL, JR., APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 14, 1989

553 So. 2d 395 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2006.

December 14, 1989.

Appeal from the Circuit Court for Brevard County, J. William Woodson, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.

GOSHORN, Judge.

The State appeals the dismissal, pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure, of two informations against appellee Randall. We reverse and remand because the traverse filed by the State presented a prima facie, albeit circumstantial, case against the defendant. State v. Hunwick, 446 So.2d 214 (Fla. 4th DCA 1984); State v. Pentecost, 397 So.2d 711 (Fla. 5th DCA 1981).

REVERSED and REMANDED.

COBB and HARRIS, JJ., concur.