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STATE v. COSTELLO

No. 2D01-278.

800 So.2d 715 (2001)

STATE of Florida, Appellant, v. Paula Zorka COSTELLO, Appellee.

District Court of Appeal of Florida, Second District.

December 5, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

Joseph H. Ficarrotta, Tampa, for Appellee.

SALCINES, Judge.

The State appeals an order dismissing a charge of second-degree grand theft filed against Paula Zorka Costello. Because the facts set forth in the motion to dismiss and the State's traverse raised disputed issues of material fact concerning Ms. Costello's intent, and the undisputed facts otherwise demonstrated a prima facie case of second-degree grand theft pursuant to section 812.014(1), Florida Statutes (1997), the trial court erred in granting...

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