Mitchell v. State

OPINION OF THE COURT

RICHARD F. CONRAD, Circuit Judge.

Oral argument is dispensed with on the Court’s own motion pursuant to Fla.R.App.Pro. 9.320.

The State seeks reversal of the lower Court’s Order Granting Defendant’s Motion to Dismiss pursuant to Fla.R.Crim.P. 3.190(c)(4). Review of the Defendant’s Motion to Dismiss demonstrates and contends that none of the State’s five witnesses, including the investigating police officer, can testify that the Defendant was driving or in *38actual physical control of the vehicle. Nowhere in the motion does the Defendant specifically state that he was not the…