State v. Torresgrossa
District Court of Appeal of Florida
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
- Hall v. StateSupreme Court of Florida · 1990
- Mathis v. StateDistrict Court of Appeal of Florida · 1996
- Cannady v. StateSupreme Court of Florida · 1993
- Bowman v. StateDistrict Court of Appeal of Florida · 2000
- Wilburn v. StateDistrict Court of Appeal of Florida · 1998
3Cited by4 opinions
- Gilbert Dudley, III v. State of FloridaSupreme Court of Florida · 2014
- State v. DudleyDistrict Court of Appeal of Florida · 2011
- State v. BlandDistrict Court of Appeal of Florida · 2009
- Gilbert Dudley, III v. State of FloridaSupreme Court of Florida · 2014