Lyons v. State
Florida District Court of Appeal
711 So. 2d 71 (1998)
- Written by Abby Roughton, JD
Facts
Terry Lyons (defendant) was a passenger on a casino ship that he had boarded in Treasure Island, Florida. When the ship was outside Florida’s territorial waters, the ship’s gambling equipment was activated. Casino staff accused Lyons of using a cheating device on one of the casino’s slot machines, and the ship’s captain turned Lyons over to the Treasure Island police. The State of Florida (the state) (plaintiff) charged Lyons with grand theft of $300 or more from the casino ship. Lyons moved to dismiss, asserting that the state did not have jurisdiction over the subject matter of the case. Lyons also asserted that dismissal was appropriate under Florida Rule of Criminal Procedure 3.190(c)(4), which allowed for dismissal if no material factual issues existed and the undisputed facts did not establish a prima facie case of the defendant’s guilt. Lyons claimed that he had taken fewer than 300 tokens with a value of $1 each, and thus, he should have been charged with petit theft rather than grand theft. The state responded to Lyons’s Rule 3.190(c)(4) motion and presented contrary factual allegations that supported the grand-theft charge. The trial court denied Lyons’s motions, and Lyons entered a plea of no contest that specifically reserved Lyons’s right to appeal the denial of his motion to dismiss. Lyons was convicted pursuant to his plea, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Blue, C.J.)
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