State v. Yarborough

The state appeals two separate orders dismissing felony charges against appellee Ernest Yarborough. The cases have been consolidated for purposes of appeal.

In case number 88-02716 (circuit court case number 87-446) Yarborough was charged with burglary of a boat and petit theft. He moved to dismiss the charges pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), claiming that the state’s *18principal witness was unable to identify him as the perpetrator of the offense. At the hearing on Yarborough’s motion the prosecutor orally traversed specific paragraphs of the motion and indicated that…