State v. Eugui, 60 So. 3d 1185 (Fla. 4th DCA 2011). · Go Syfert
State v. Eugui, 60 So. 3d 1185 (Fla. 4th DCA 2011). Cases Citing This Book View Copy Cite
“to survive a motion to dismiss, the state need not produce evidence sufficient to sustain a conviction. so long as the state shows the barest prima facie case, it should not be prevented from prosecuting.”
3 citation events across 1 distinct court.
Strongest positive: State v. Flansbaum-Talabisco (fladistctapp, 2013-07-24)
Top citers, strongest first. 1 distinct citer. How cited ↗
examined Cited as authority (verbatim quote) State v. Flansbaum-Talabisco (3×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
to survive a motion to dismiss, the state need not produce evidence sufficient to sustain a conviction. so long as the state shows the barest prima facie case, it should not be prevented from prosecuting.
Retrieving the full opinion text from the archive…
STATE of Florida
v.
Jamie EUGUI
No. 4D10-1225.
District Court of Appeal of Florida, Fourth District.
May 25, 2011.
60 So. 3d 1185
Pamela Jo Bondi, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellant., Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellee.
Ciklin, Gross, Hazouri.
Cited by 2 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: District Court of Appeal of Fl… (1)
PER CURIAM.

We reverse the dismissal of the information charging appellee with one count of delivery of a counterfeit controlled substance. See § 831.31, Fla. Stat. (2009). The trial court based the dismissal on a motion appellee filed under Florida Rule of Criminal Procedure 3.190(c)(4). The state filed a traverse which set forth specific facts which, in the light most favorable to the state, establish appellant’s knowing participation in the drug transaction. For example, a coconspirator told the state’s confidential informant that the crack was in transit, and that the informant “needed to wait for [appellee], who was in the bar, to go get the crack.” Appellee told the informant to wait for him in a bar, went to a codefendant’s house, and returned with another codefendant who made the hand-to-hand transaction. To survive a motion to dismiss, “the state need not produce evidence sufficient to sustain a conviction.[*1186] So long as the state shows the barest prima facie case, it should not be prevented from prosecuting.” State v. Bailey, 508 So.2d 1268, 1269 (Fla. 4th DCA 1987) (internal citations omitted).

GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.