DETERS v. STATE

No. 98-2559.

741 So.2d 1158 (1999)

Brian DETERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 25, 1999.


Attorney(s) appearing for the Case

Rick S. Cullen of Law Offices of Rick S. Cullen, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

Appellant, Brian Deters, pled no contest reserving the right to appeal the trial court's denial of his sworn motion to dismiss the charge of third degree grand theft, which was filed pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Because the issue of felonious intent was appropriately one for the trier of fact, we hold that the trial court did not err in denying the motion, and affirm.

In this case, appellant's motion to dismiss...

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