State v. Flansbaum-Talabisco

The state appeals the trial court’s dismissal of all charges against the defendant, Beth Flansbaum-Talabisco (hereinafter “Talabisco”). We find that the undisputed facts upon which the state will rely in an attempt to prove Talabisco guilty establish a prima facie ease and thus dismissal was improper. Likewise, the determination of intent is a question for the trier of fact that is generally not appropriate for resolution on a motion to dismiss. We therefore reverse the order of dismissal and remand with instructions that the charges be reinstated. We caution that our decision should not be…