Sexton v. State

Kent Sexton appeals an order of the lower court denying his motion to dismiss a charge of manslaughter, contending that the evidence relating to his motor-vehicle accident was insufficient to establish a pri-ma facie case of culpable negligence. We agree and reverse.

In reviewing a trial court’s ruling on a motion to dismiss an information, we are required to resolve all inferences from the facts in the light most favorable to the state. Whether the trial court ruled correctly is a question of law that is reviewed de novo. See, e.g., Wilson v. State, 744 So.2d 1237 (Fla. 1st DCA 1999); Bell v.…