State v. Norris
| Decision Date | 11 June 1980 |
| Docket Number | No. 79-1887,79-1887 |
| Citation | 384 So.2d 298 |
| Parties | STATE of Florida, Appellant, v. William Reginald NORRIS, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.
Charles M. Harris, Hollywood, for appellee.
The State takes an appeal from an order granting appellee's motion to dismiss.
Appellee was charged with attempting to obtain a prescription drug by fraud. The circumstances leading to this charge began with a telephone call to a pharmacist purportedly from a doctor prescribing medication for a patient, one Ben Stroud. The pharmacist called the doctor and ascertained that no such telephone call had been made by him nor did he have a patient named Ben Stroud. Consequently, the pharmacist alerted the police who set up surveillance of the pharmacy. Upon appellee's entry into the pharmacy and his request for the prescription for Ben Stroud, the police approached him, asked him for identification and then placed him under arrest. In response to an inquiry, appellee indicated that Ben Stroud was a friend and that he was picking up the prescription at his request. A police officer located a slip of paper in one of the pockets of appellee's jacket, containing the name and address of Ben Stroud, the name and B.N.D. number, telephone number and partial address of the physician who allegedly made the original call, the name and telephone number of the pharmacy, and the name tussionex (the prescription drug involved here).
Appellee filed a pleading entitled "Sworn Motion to Dismiss," although the motion was not made under oath. Attached to and filed with the motion was an affidavit of appellee that quoted from a police report of the incident and contained a statement that the handwriting on the slip of paper found in appellee's pocket was not his. The State filed a demurrer.
The trial court granted the motion to dismiss on the basis that the demurrer accepted the facts alleged in the motion and that the facts " . . . as stated in the motion are insufficient to prove that the Defendant has "knowledge" that the prescription was fraudulent."
We find error and reverse.
Neither the motion nor the affidavit contain any suggestion that appellee was without knowledge of the fact that Ben Stroud was fraudulently attempting to obtain a prescription drug. In as much as the State's demurrer does not admit that appellee was without...
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S.T.N. v. State, 84-667
...387 So.2d 559 (Fla. 2d DCA 1980); State v. Rogers, 386 So.2d 278 (Fla. 2d DCA), rev. denied, 392 So.2d 1378 (Fla.1980); State v. Norris, 384 So.2d 298 (Fla. 4th DCA 1980); State v. J.T.S., 373 So.2d 418 (Fla. 2d DCA 1979); State v. West, 262 So.2d 457 (Fla. 4th DCA 1972). We reversed a dism......
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Grant v. State
...So.2d 898, 898 (Fla. 3d DCA 1976) (stating knowledge is "a state of mind ... often not subject to direct proof"); State v. Norris, 384 So.2d 298, 299 (Fla. 4th DCA 1980) (stating that intent "may be inferred from ... surrounding circumstances" and that in "this respect knowledge is like Ms.......
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Deters v. State, 98-2559.
...387 So.2d 559 (Fla. 2d DCA 1980); State v. Rogers, 386 So.2d 278 (Fla. 2d DCA),rev. denied, 392 So.2d 1378 (Fla.1980); State v. Norris, 384 So.2d 298 (Fla. 4th DCA 1980); State v. J.T.S., 373 So.2d 418 (Fla. 2d DCA 1979); State v. West, 262 So.2d 457 (Fla. 4th DCA In this case, there was su......
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State v. Evans, 80-163
...nor substitute itself for the trier of the fact and determine controverted issues of fact. (Emphasis added). See also State v. Norris, 384 So.2d 298 (Fla. 4th DCA 1980). Sub judice, we hold that appellee's intent was an issue for the triers of fact; consequently, the sworn motion to dismiss......