State v. Garantiva

Based on the controlling authority of Graves v. State, 590 So.2d 1007 (Fla. 3d DCA 1991), we reverse the order under review dismissing an information under Fla.R.Crim.P. 3.190(c)(4), which information charged the defendant Fernando Garantiva with the burglary of two automobiles and possession of burglary tools. In Graves, this court reversed an order dismissing an information under Fla.R.Crim.P. 3.190(c)(4) based upon the following holding:

“The issue of knowledge and of specific intent to commit a crime when acting as a ‘lookout’ or a ‘wheelman,’ as appellant is charged with doing, is not a…