State v. Miller

SWANSON, J., Associate Judge.

The State of Florida appeals the trial court’s final order granting Joseph Miller’s motion to dismiss the information charging him with sexual battery without personal injury, in violation of section 794.011(5), Florida Statutes (2012). We have jurisdiction, see Florida Rule of Appellate Procedure 9.030(b)(1)(A), and, for the reasons that follow, we reverse.

The information alleged that Miller had penetrated the victim’s vagina without her consent. Miller moved the trial court to dismiss the information under Florida Rule of Criminal Procedure 3.190(b), arguing the…