State v. Giralt

The State appeals an order granting Eduardo Giralt’s (“defendant”) motion to dismiss, claiming there was a material fact in dispute and that the undisputed facts established a prima facie case against the defendant for trafficking cannabis. We agree and reverse.

In November of 2001, the police station received a call that the defendant’s home was being burglarized. The first police officer to respond to the call observed a vehicle parked in the defendant’s driveway, occupied by a white male. Two other males were walking along the side of the residence pulling a comforter containing objects,…