STATE v. HAUBRICK

No. 1D07-6283.

997 So.2d 1228 (2008)

STATE of Florida, Appellant, v. Andrew Frank HAUBRICK and Justin B. Millians, Appellees.

District Court of Appeal of Florida, First District.

December 31, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellant.

Tony Bajoczky, Tallahassee, and Robert A. Harper, III, Harper & Harper Law Firm, P.A., Tallahassee, for Appellees.


BARFIELD, J.

The state appeals an order granting a motion to dismiss an amended information. We reverse the order.

The original information charged the appellees with sexual battery by multiple perpetrators, "while the victim was physically helpless to resist," citing sections 794.011(4) and 794.023, Florida Statutes, and tracking the language of those statutes. The trial court found that there was "not the barest bit of prima facie case that would support...

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