Legal Opinion

State v. Torresgrossa

District Court of Appeal of Florida

Decided January 19, 2001No. 5D00-1059PublishedCited by 4 opinions

1Opinion of the CourtW. Sharp, J.

The state appeals from the trial court’s order which granted the defendant Tor-resgrossa’s Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss an information charging him with sexual battery upon a mentally defective person.1 Based on the undisputed facts in this case, we agree with the trial court that the victim in this case was not a mentally defective person as a matter of law. Accordingly, we affirm the dismissal order.

Torresgrossa was charged with violating section 794.011(4)(e):(4) A person who commits sexual battery upon a person 12 years of age or older without that…

2Cases cited5 opinions

  1. Hall v. StateSupreme Court of Florida · 1990
  2. Mathis v. StateDistrict Court of Appeal of Florida · 1996
  3. Cannady v. StateSupreme Court of Florida · 1993
  4. Bowman v. StateDistrict Court of Appeal of Florida · 2000
  5. Wilburn v. StateDistrict Court of Appeal of Florida · 1998

3Cited by4 opinions

  1. Gilbert Dudley, III v. State of FloridaSupreme Court of Florida · 2014
  2. State v. DudleyDistrict Court of Appeal of Florida · 2011
  3. State v. BlandDistrict Court of Appeal of Florida · 2009
  4. Gilbert Dudley, III v. State of FloridaSupreme Court of Florida · 2014

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