STATE v. MITCHELL

No. 92-2129.

624 So.2d 859 (1993)

STATE of Florida, Appellant, v. Donovan MITCHELL, Appellee.

District Court of Appeal of Florida, Fifth District.

October 8, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellee.


THOMPSON, Judge.

The state appeals the order dismissing an amended information which charged the defendant/appellee (Mitchell) with a lewd, lascivious, or indecent act upon a child; a violation of section 800.04(1), Florida Statutes (1991). The only issue before us is whether the alleged facts established a prima facie case. We hold that the alleged facts do establish a prima facie case and we reverse the order of the trial court.

Mitchell, a 32 or 33 year...

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