State v. Porcaro

LETTS, Judge.

The question is whether there was prima facie evidence of extortion, the trial court being of the opinion that there was not when it granted a Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss. We reverse.

In Matthews v. State, 363 So.2d 1066 (Fla.1978), cert. denied, 442 U.S. 911, 99 S.Ct. 2825, 61 L.Ed.2d 276 (1979), our supreme court enunciated that “in order for a demand and threat to be actionable under our extortion statute, it must be calculated to coerce the victim’s acquiescence ‘in order to prevent the threat from being carried out.’ ”

With this definition…