State v. Cataldo

The state appeals the trial court’s final order dismissing an information charging the appellee with second degree grand theft in violation of section 812.014, Florida Statutes (1983). In a motion to dismiss brought pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), the appellee essentially contended that the state would be unable to establish that he possessed the requisite intent for the charged offense. The state, however, filed a sworn traverse which specifically denied the facts which the appellee presented in support of this contention. See Fla.R.Crim.P. 3.190(d). Compare State…