BONGE v. State

Thomas Bonge seeks reversal of his judgment of conviction and sentence for battery, arguing that the trial court reversibly erred in denying his motion to dismiss. We agree. Given the facts admitted by the State in its traverse, there are no material facts in dispute and under the undisputed facts the State could not establish a prima facie case against Bonge for the offense of battery. Accordingly, the trial court erred in denying Bonge’s motion to dismiss and we reverse.

Bonge was charged by information with battery on a person 65 years of age or older, contrary to section 784.08(2)(c),…