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BONGE v. STATE

No. 1D09-4789.

53 So.3d 1231 (2011)

Thomas BONGE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 16, 2011.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Kathleen Stover , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.

VAN NORTWICK, J.

Thomas Bonge seeks reversal of his judgment of conviction and sentence for battery, arguing that the trial court reversibly erred in denying his motion to dismiss. We agree. Given the facts admitted by the State in its traverse, there are no material facts in dispute and under the undisputed facts the State could not establish a prima facie case against Bonge for the offense of battery. Accordingly, the trial court erred in denying Bonge's...

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