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STATE v. PORCARO

No. 87-2597.

539 So.2d 615 (1989)

STATE of Florida, Appellant, v. John Anthony PORCARO, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellant.

Deborah Marks of Hertzberg & Malinski, P.A., Miami, for appellee.

LETTS, Judge.

The question is whether there was prima facie evidence of extortion, the trial court being of the opinion that there was not when it granted a Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss. We reverse.

In Matthews v. State, 363 So.2d 1066 (Fla. 1978), cert. denied, 442 U.S. 911, 99 S.Ct. 2825, 61 L.Ed.2d 276 (1979), our supreme court enunciated that "in order for a demand and...

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