Deters v. State

Appellant, Brian Deters, pled no contest reserving the right to appeal the trial court’s denial of his sworn motion to dismiss the charge of third degree grand theft, which was filed pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Because the issue of felonious intent was appropriately one for the trier of fact, we hold that the trial court did not err in denying the motion, and affirm.

In this case, appellant’s motion to dismiss stated “that the undisputed material facts absolutely fail to present a prima facie showing that Brian Deters did, on August 29,1997, with the…