State v. Latona

I respectfully dissent.

Latona filed a motion to dismiss pursuant to rule 3.190(e)(4) of the Florida Rules of Criminal Procedure. In State v. Bell, 882 So.2d 468 (Fla. 5th DCA 2004), our court explained:

A rule 3.190(c)(4) motion should be granted only when the trial court determines that the most favorable construction of the facts does not establish a prima facie case of guilt; if there is any evidence upon which a reasonable jury could find guilt, a motion to dismiss must be denied.... Moreover, on a motion made pursuant to rule 3.190(c)(4), the State is not only entitled to receive the most…