STATE v. FETHEROLF

No. 79-496/T4-432.

388 So.2d 38 (1980)

STATE of Florida, Appellant, v. Ray Earl FETHEROLF, Appellee.

District Court of Appeal of Florida, Fifth District.

September 17, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief Asst. Public Defender, Appellate Div., West Palm Beach, for appellee.


SHARP, Judge.

The trial court dismissed a criminal information pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), because there were no material disputed facts and the undisputed facts did not establish a prima facie case of guilt against the defendant, Ray Earl Fetherolf. The State of Florida appeals. We reverse.

The defendant was charged with sexual battery upon a child older than 11 but less than 18 years of age and lewd assault on a female child...

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