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STATE v. TORRESGROSSA

No. 5D00-1059.

776 So.2d 1009 (2001)

STATE of Florida, Appellant, v. Anthony TORRESGROSSA, Appellee.

District Court of Appeal of Florida, Fifth District.

January 19, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

Bruce Carney of Carney & Militello, P.A., and J. Michael Blackstone, Crystal River, for Appellee.

W. SHARP, J.

The state appeals from the trial court's order which granted the defendant Torresgrossa's Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss an information charging him with sexual battery upon a mentally defective person.1 Based on the undisputed facts in this case, we agree with the trial court that the victim in this case was not a mentally defective person as a matter of law. Accordingly, we affirm the dismissal...

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