State v. Vitale

The State appeals the trial court’s order granting Evan Cole Vitale’s (defendant’s) motion to dismiss two of the three counts of the information filed against him. Determining that the court erred in concluding that the alleged facts could not support a finding of guilt on these two counts, we reverse. The defendant cross-appeals the same order, challenging the court’s denial of his motion to dismiss count 3. Because that ruling is not appealable, we dismiss the cross-appeal.

The defendant was charged with three counts: (1) traveling to meet a child to engage in unlawful sexual conduct after…