State v. Paez

Decision Date05 October 2016
Docket NumberNo. 4D15–2918.,4D15–2918.
Citation201 So.3d 804
Parties STATE of Florida, Appellant, v. Nicole PAEZ, Appellee.
CourtFlorida District Court of Appeals

Pamela Jo Bondi, Attorney General, Tallahassee, and Jessenia J. Concepcion, Assistant Attorney General, West Palm Beach, for appellee.

Carey Haughwout, Public Defender, and Narine N. Austin, Assistant Public Defender, West Palm Beach, for appellant.

FORST, J.

In this case, the State appeals the dismissal of an information charging Appellee Nicole Paez with the sale, delivery, or possession of oxycodone. We reverse the dismissal and remand for the case to proceed.

Background

Appellee was arrested following a traffic stop during which the officer discovered oxycodone, specifically 28 Percocet pills. In her motion to dismiss, Appellee claimed that the Percocet was prescribed to her and to a friend of hers whom she was driving to doctor appointments. Relying on the prescription defense described in Shedd v. State, 137 So.3d 456, 458–59 (Fla. 4th DCA 2014), Appellee claimed that her possession of the Percocet was not in violation of the law. The State filed a traverse to the motion to dismiss in which it admitted most of the facts in that motion.1 However, the traverse also included six additional facts. Most pertinent here are the allegations that, at the time of the traffic stop, Appellee stated she bought the Percocet pills from someone at work, that she was going to give some of them to her boyfriend for his back pain, and that she knew she should not have had the pills without a proper prescription.

Analysis

“A trial court's ruling on a motion to dismiss is reviewed de novo. State v. Marsh, 138 So.3d 1087, 1089 (Fla. 4th DCA 2014). The question is whether, when the evidence is viewed in the most favorable light to the State and all inferences are resolved against the defendant, the State has established a prima facie case. Id. Facts supporting the prima facie case may be made in a traverse after the filing of a motion to dismiss. State v. Kalogeropolous, 758 So.2d 110, 112 (Fla.2000). “In considering a [Florida Rule of Criminal Procedure 3.190 ](c)(4) motion [to dismiss,] the trial judge may not try or determine factual issues nor consider the weight of conflicting evidence or the credibility of witnesses in determining whether there exists a genuine issue of material fact. If material factual allegations of a(c)(4) motion are denied or disputed in the traverse, denial of the motion to dismiss is mandatory.” State v. Lewis, 463 So.2d 561, 563 (Fla. 2d DCA 1985) (citation omitted).

The evidence, when viewed in the light most favorable to the State, supports the conclusion that Appellee purchased Percocet without a prescription at her work and was on her way to deliver those pills to her boyfriend who also did not have a prescription. It is true that there is other evidence that the Percocet was obtained under Appellee's own...

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3 cases
  • Blair v. State, 4D13–4375.
    • United States
    • Florida District Court of Appeals
    • October 5, 2016
  • Puy v. State
    • United States
    • Florida District Court of Appeals
    • April 15, 2020
    ...court's denial of the sworn motion to dismiss. We review the trial court's ruling on a motion to dismiss de novo. State v. Paez , 201 So. 3d 804, 806 (Fla. 4th DCA 2016). "The question is whether, when the evidence is viewed in the most favorable light to the State and all inferences are re......
  • Lewis v. Lewis
    • United States
    • Florida District Court of Appeals
    • October 5, 2016

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