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STATE v. ORTIZ

No. 3D99-2761.

766 So.2d 1137 (2000)

The STATE of Florida, Appellant, v. Julio ORTIZ, Appellee.

District Court of Appeal of Florida, Third District.

August 23, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Margaret A. Brenan, Assistant Attorney General, for appellant.

Abraham & Agnoli, and Lane Abraham and Amy Agnoli, for appellee.

Before JORGENSON, GREEN, and NESBITT, JJ.

GREEN, J.

On this appeal, the state of Florida challenges the dismissal of an attempted sexual battery charge against appellee, Julio Ortiz, pursuant to a Florida Rule of Criminal Procedure 3.190(c)(4) motion. The state argues, and we agree, that the trial court reversibly erred in granting this motion where the undisputed factual evidence otherwise established a prima facie case of attempted sexual battery. Accordingly, we reverse and remand for further proceedings...

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