State v. Davis

The defendant, Edwin Davis, filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), claiming that the court should dismiss the charge of grand theft filed against him. Davis asserted that the undisputed evidence showed that two separate thefts occurred, neither of which exceeded $300, the statutory amount for grand theft. The state filed a traverse in which it alleged that there were disputed issues of fact requiring determination by the jury. It also claimed that the motion was deficient for containing deposition testimony of the victim. We affirm because the…