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STATE v. DAVIS

No. 4D03-3423.

890 So.2d 1242 (2005)

STATE of Florida, Appellant, v. Edwin DAVIS, Appellee.

District Court of Appeal of Florida, Fourth District.

January 19, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender and Alan T. Lipson, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

The defendant, Edwin Davis, filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), claiming that the court should dismiss the charge of grand theft filed against him. Davis asserted that the undisputed evidence showed that two separate thefts occurred, neither of which exceeded $300, the statutory amount for grand theft. The state filed a traverse in which it alleged that there were disputed issues of fact requiring determination...

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