State v. Wagner

The State appeals the trial court’s grant of the defendant’s motion to dismiss. The State filed a traverse. Because the traverse creates a dispute as to the material facts of the case, we reverse.

The defendant was charged by information with one count of aggravated assault with a firearm. She filed a sworn motion to dismiss, asserting that the material facts did not establish a prima facie case of guilt. She alleged that she fired a gun into the ceiling of the bathroom while the alleged victim was in another room. She also alleged that, although the alleged victim heard the gunshots, the…