BONGE v. State
2011 Fla. App. LEXIS 1930
| Fla. Dist. Ct. App. | 2011Background
- Bonge was charged with battery on a person 65 years of age or older for removing his 94-year-old mother from a nursing home to the hospital.
- Bonge filed a sworn motion to dismiss under rule 3.190(c)(4), asserting undisputed facts supporting dismissal.
- In his motion, Bonge asserted factors including his mother's age, her residence with him, her being his primary caretaker, and the act of taking her from the facility to the car.
- The State admitted all facts in the traverse, including that the mother was transported in a wheelchair and that the removal occurred at a Heritage Health Care facility; the State also alleged the mother was incompetent and protested removal.
- After the trial court denied dismissal, Bonge pled guilty to a lesser offense of battery while preserving the right to appeal the denial.
- The appellate issue is whether the undisputed facts establish a prima facie case for battery; the court reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether undisputed facts establish a prima facie battery case | Bonge | Bonge | No prima facie case; reversal warranted |
Key Cases Cited
- Lowe v. State, 40 So. 3d 789 (Fla. 5th DCA 2010) (standard for evaluating a Rule 3.190(c)(4) dismissal; undisputed facts must show prima facie case)
- State v. Walthour, 876 So. 2d 594 (Fla. 5th DCA 2004) (prima facie case standard articulated)
- Beard v. State, 842 So. 2d 174 (Fla. 2d DCA 2003) (intent is an element of battery)
- S.D. v. State, 882 So. 2d 447 (Fla. 4th DCA 2004) (intent and surrounding circumstances determine battery)
- State v. Sholl, 18 So. 3d 1158 (Fla. 1st DCA 2009) (de novo review standard for Rule 3.190(c)(4) challenges)