Burch v. State

COBB, Judge.

Appellant, Cary Burch, entered pleas of nolo contendere to dealing in stolen property 1 and uttering a forgery, specifically reserving his right to appeal the trial court’s denial of his motion to dismiss the dealing in stolen property charge. Burch was adjudicated guilty of the two offenses and sentenced as a habitual felony offender to concurrent terms of 4V2 years incarceration.

The motion to dismiss, filed pursuant to Fla.R.Crim.P. 3.190(c)(4), asserted that the undisputed material facts failed to establish a prima facie case of defendant’s guilt as to the dealing in stolen…