STATE v. SACCO

No. 4D01-4829.

849 So.2d 452 (2003)

STATE of Florida, Appellant, v. Rosario SACCO, Appellee.

District Court of Appeal of Florida, Fourth District.

July 16, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellant.

David G. Vinikoor of David G. Vinikoor, P.A., and Paul Stark of Paul Stark, P.A., Fort Lauderdale, for appellee.


WARNER, J.

The state appeals the trial court's order dismissing its case against appellee, Rosario Sacco, for first degree murder. We affirm, holding that the state conceded the facts were undisputed and that it could not prove a prima facie case against appellee.

In 1992, Mack Swaim and appellee, Swaim's guardian, were indicted for the first degree murder of Randy Giacchina. The police were unaware of Giacchina's murder until an informant contacted the police...

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