State v. Dudley

The State timely appeals a final order setting aside the jury’s guilty verdicts against Gilbert Dudley, III, and dismissing the charges against him. We reverse and remand with directions that the verdicts be reinstated and that the court proceed to sentencing. To the extent that this opinion is inconsistent with our prior panel decision in State v. Torresgrossa, 776 So.2d 1009 (Fla. 5th DCA 2001), we recede from Torresgrossa. We also certify conflict with the First District’s decision in Mathis v. State, 682 So.2d 175 (Fla. 1st DCA 1996).

The State charged Dudley with two counts of sexual…