State v. Patlon

GRIMES, Judge.

The state appeals the dismissal of an information charging appellee with grand theft. Since our analysis depends upon the specific wording of appellee’s motion to dismiss and the state’s demurrer, these pleadings will be set forth in their entirety.

MOTION TO DISMISS (CM)

Comes now the Defendant, KIMBERLY PATLON, and files herewith her sworn Motion to Dismiss pursuant to FRCrP 3.190(C)(4) and alleges that there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the Defendant, and says as follows:

1. On or about the 24th and…